Can my co-owner rent out our jointly owned Ontario property without my consent?

In Ontario, co-owners of a property (whether joint tenants or tenants in common) each have the right to use and occupy the entire property, not just their proportionate share. Generally, one co-owner cannot lawfully grant a third party exclusive possession of the whole property — which is what a tenancy does — without the other co-owner's consent.

If a co-owner rents out the property to a tenant without your agreement, that tenancy agreement may not be enforceable against you, and you may have grounds to apply to court to have it set aside. However, a tenant who was unaware of the co-ownership dispute may have some protections under the Residential Tenancies Act and equitable principles, depending on the circumstances.

Even if the tenancy is technically improper, resolving the situation in practice can be complicated. Dispossessing a tenant who has moved in requires following Landlord and Tenant Board processes, which take time even where the underlying tenancy was improperly created.

The best solution is prevention: a co-ownership agreement that requires unanimous or majority consent before the property can be rented, specifies how rental income is divided, and addresses what happens if one co-owner wants to list the property. If the property is already being rented against your wishes, speak with a real estate lawyer about your rights and the options available.