Overnight Guests Policy (RTA)

TET-67453-16-RV (Re), 2016 CanLII 72233 (ON LTB)

12. The Tenant says that on February 4, 2016, she woke up to the sounds of screaming related to a fight between one of the other tenants and her boyfriend. She says that she immediately texted SH to notify him that she “felt unsafe” in the house and that she wanted him to “do something” about the boyfriend. The Tenant did not produce a copy of this text.

13. SH says that he vaguely remembers receiving a text on February 4, 2016, from the Tenant, but it only reported to him that the other tenant had a guest staying in her unit who was not paying rent. SH says that he is sure that the text said nothing about the Tenant feeling “unsafe” or he would have done something about it.

14. SH says that he thinks he responded to the Tenant’s text and advised her that he would contact the other tenant to discuss the matter. He too could not provide the Board with a copy of any texts from February 4, 2016. He says that he thinks he called the other tenant and reminded her that the tenancy agreement states overnight guests are not allowed for more than three consecutive days. SH showed us a text saying something like this at the hearing but it was sent well after the incident of February 22 or 23, 2016.

16. We would note at this point that a tenant is entitled to reasonable enjoyment of the rental unit and limiting a tenant’s right to overnight guests arbitrarily is arguably a breach of that right. Tenants are entitled to have overnight guests on as many nights as they wish until and unless it somehow interferes with the rights of other tenants or the landlord.

17. The problem is that the parties’ evidence with respect to what happened prior to February 22 or 23, 2016, is in essence a he-said-she-said contest with little to choose between them. In such a scenario, the claim of the person who bears the burden of proof must always fail because the onus is on them to lead sufficient evidence to establish that their version of events is more likely than the other person’s.

18. Given the evidence described above, we find that the Tenant has failed to meet her burden of proof with respect to what happened prior to February 22 or 23, 2016. The application shall be dismissed accordingly.