Key takeaways
Legal Review
This guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Ontario family law.
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
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.
In these cases, the adult child is considered a licensee , not a tenant.
Courts will look at the substance of the arrangement, not just the label.
In these cases, the adult child is a protected tenant under the RTA.
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:
Important: Parents cannot use self-help eviction (changing locks, removing belongings). This can lead to legal liability.
If the adult child is a protected tenant , parents must follow the Landlord and Tenant Board (LTB) process:
Warning: Evicting a protected tenant without following LTB procedures can result in fines and legal action.
Assess 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?
If 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.).
Allow 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).
If 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 the court or LTB hearing. Present evidence of the living arrangement and the notice provided. If successful, obtain an eviction order.
If the adult child still refuses to leave, request sheriff enforcement of the eviction order. The sheriff will physically remove the person and their belongings.
Verify information with these authoritative sources
Ontario’s legislation governing landlord-tenant relationships
File applications and access tenant/landlord resources
Information on filing eviction claims for non-tenants
Find a licensed family law or real estate lawyer
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.
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.
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.
Determine whether RTA protections apply to your situation
Guidance on proper notice, court applications, and enforcement
Defend against unlawful eviction or self-help tactics
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