The Legal Rights of Adults Living With Parents in Ontario
Understanding tenancy rights, eviction procedures, and legal protections for adult children living in the family home
Legally Reviewed By
Deepa Tailor, Family Law Specialist — Licensed by the Law Society of Ontario
Quick Answer
Adult children living with parents in Ontario are generally not protected by the Residential Tenancies Act (RTA) if they do not pay rent or share living space with the homeowner. Parents can ask adult children to leave at any time, but must follow proper eviction procedures if the adult child refuses. If rent is paid and the living arrangement is more formal, RTA protections may apply.
Does the Residential Tenancies Act Apply?
RTA Does NOT Apply
- Adult child lives rent-free
- Adult child shares kitchen or bathroom with parents
- No formal tenancy agreement
In these cases, the adult child is considered a licensee, not a tenant.
Gray Area
- Adult child pays some rent (but not market rate)
- Adult child has a separate entrance but shares utilities
- Informal verbal agreement exists
Courts will look at the substance of the arrangement, not just the label.
RTA DOES Apply
- Adult child pays market rent
- Adult child has a self-contained unit (separate kitchen/bathroom)
- Written lease agreement exists
In these cases, the adult child is a protected tenant under the RTA.
How Parents Can Evict an Adult Child
If RTA Does NOT Apply
If the adult child is a licensee (not a tenant), parents can ask them to leave at any time. If the adult child refuses, parents can:
- Give reasonable notice (usually 30 days)
- If the adult child still refuses, apply to Small Claims Court for a writ of possession
- Once the court order is granted, the sheriff can enforce eviction
Important: Parents cannot use self-help eviction (changing locks, removing belongings). This can lead to legal liability.
If RTA DOES Apply
If the adult child is a protected tenant, parents must follow the Landlord and Tenant Board (LTB) process:
- Serve a Notice to End Tenancy (Form N12 for personal use, or Form N5 for non-payment of rent)
- Wait for the notice period to expire (usually 60 days)
- If the tenant does not leave, file an application with the LTB
- Attend a hearing and obtain an eviction order
- If the tenant still refuses, the sheriff enforces the eviction
Warning: Evicting a protected tenant without following LTB procedures can result in fines and legal action.
Eviction Process Timeline
Determine Legal Status
Day 1Assess whether the adult child is a licensee or a protected tenant under the RTA. Consider: Do they pay rent? Do they share living space? Is there a written agreement?
Provide Written Notice
Day 1-7If the adult child is a licensee, provide reasonable written notice (30 days). If they are a tenant, serve the appropriate LTB form (N12, N5, etc.).
Wait for Notice Period
30-60 daysAllow the notice period to expire. For licensees, this is usually 30 days. For protected tenants, it is 60 days (or longer, depending on the notice type).
File Court Application (If Necessary)
After notice expiresIf the adult child refuses to leave, file an application with Small Claims Court (for licensees) or the Landlord and Tenant Board (for protected tenants).
Attend Hearing and Obtain Order
2-6 monthsAttend the court or LTB hearing. Present evidence of the living arrangement and the notice provided. If successful, obtain an eviction order.
Enforce Eviction (If Necessary)
1-2 weeks after orderIf the adult child still refuses to leave, request sheriff enforcement of the eviction order. The sheriff will physically remove the person and their belongings.
Official Legal Resources
Verify information with these authoritative sources
Residential Tenancies Act, 2006, S.O. 2006, c. 17
Ontario's legislation governing landlord-tenant relationships
Landlord and Tenant Board (LTB)
File applications and access tenant/landlord resources
Small Claims Court Ontario
Information on filing eviction claims for non-tenants
Law Society of Ontario
Find a licensed family law or real estate lawyer
Frequently Asked Questions
Common questions about adult children living with parents in Ontario
If you are a licensee (not paying rent, sharing living space), your parents can ask you to leave at any time, but they should provide reasonable notice (usually 30 days). If you are a protected tenant under the RTA, they must follow the Landlord and Tenant Board process and provide at least 60 days' notice.
Deepa Tailor
Family Law Specialist
Deepa Tailor is a licensed family law lawyer with over 15 years of experience helping Ontario families navigate complex legal issues, including tenancy disputes, property rights, and family law matters. She is known for her practical, client-focused approach and her commitment to achieving fair outcomes.
Need Legal Advice on Tenancy or Eviction?
Whether you're a parent seeking to evict an adult child or an adult child facing eviction, our experienced family law team can help you understand your rights and navigate the legal process.
Legal Status Assessment
Determine whether RTA protections apply to your situation
Eviction Procedures
Guidance on proper notice, court applications, and enforcement
Rights Protection
Defend against unlawful eviction or self-help tactics