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There is a common myth that a landlord can treat a rental unit like a hotel—setting "check-in" times for visitors or charging extra for overnight stays. However, under the Residential Tenancy Act [SBC 2002] CHAPTER 78 (RTA), your rental unit is your home, and that comes with a significant right to privacy and "quiet enjoyment."
One of the most misunderstood areas of the law is the Guest Policy. If you are a tenant or a landlord in 2026, here is what you need to know about who can stay, for how long, and what it costs.
In British Columbia, landlords cannot charge a fee for guests. Period. Whether your guest is staying for a cup of coffee or three nights on your sofa, any clause in a tenancy agreement that requires a "guest fee" is considered illegal and unenforceable. The RTA is clear: a landlord cannot require or accept any extra charge for daytime visits or overnight accommodation of guests.
Many old-school lease agreements include clauses like: "No overnight guests for more than 14 days per year." According to the Residential Tenancy Branch (RTB), these types of arbitrary limits are generally unreasonable. Landlords cannot:
This is the area where most disputes happen. While there is no magic number of days in the law that automatically turns a guest into an occupant, the RTB looks at the intent.
A guest may be legally considered an occupant (and thus subject to the landlord's approval or a rent increase for additional occupants) if they, for example:
While you have the right to host guests, you also carry the liability. If your guest breaks a window, pulls the fire alarm, or disturbs the neighbors at 3:00 AM, you are the one who will receive the warning or the eviction notice. As a tenant, you are legally responsible for the conduct of anyone you permit onto the property.
Landlords should avoid trying to micro-manage their tenants' social lives, and tenants should be transparent if a "long-term guest" is starting to look more like a "roommate."
Are you dealing with a landlord who is trying to charge you for guests? We can help you draft a formal letter citing the specific RTA provisions to help protect your rights.
