I have written about this topic in both my Spring/Summer 2020 and Fall 2020/Winter 2021 newsletters. Those articles can be viewed from the News tab on this website.

The renting of homes or rooms is one way to help address the availability and affordability of housing in our city while also serving as a source of additional income for owners. However, absentee landlords can be taken advantage of. While the majority of renters are responsible, those that are not can create property standard issues that affect the beauty of our neighbourhoods and the quality of life of other homeowners.

For a cautionary tale of the worst that can happen, I encourage you to read the June 13, 2022 Maclean’s article “A homeowner’s worst nightmare” about the experience of one Thornhill resident: https://macleans.ca/longforms/a-homeowners-worst-nightmare/

What’s permitted?

A single-family home that appears overrun and occupied by several people unrelated to each other. Cars coming and going at all times of the day and night. Grass grown tall. Garbage set out days in advance of pick-up. General untidiness.

Evidence of absentee landlords and their transient renters are everywhere…and it’s not good.

The City of Markham permits residential property owners to rent up to two bedrooms in a house provided the individual lodging rooms do not contain separate bathroom and cooking facilities for the exclusive use of individual occupants. This type of rental must be for periods of 30 days or more by way of a rental agreement, lease or similar arrangement.

The city does not permit short-term rental accommodation of less than 30 consecutive days, unregistered second suites, or the rental of three or more individual rooms in a residential property.

If you see a property that you suspect is operating in contravention of what is described above, please report it to the city’s Customer Service team at 905-477-5530 or customerservice@markham.ca.

Setting Expectations: What can be done?

The city’s combined enforcement teams (By-law, Fire, Building Standards) must be able to form reasonable evidenced-based grounds that a violation is occurring before a property can be inspected. Suspicion is not enough. When a complaint is lodged, the investigating officer will contact the complainant and ask a series of questions to help form those grounds, such as:

  • Have you seen an advertisement to rent a room, or secondary suite (basement apartment) at this location?
  • Have you discussed with an owner or tenant that a secondary suite exists or rooms are being rented?
  • Have you been inside the property and observed a secondary suite or rooms for rent?
  • Has a separate entrance been added, and have you seen people using it exclusively?

If the officer then forms reasonable grounds to believe there is a violation, the city will request an interior inspection.

Markham’s Municipal Law Enforcement Officers and York Regional Police do not have a general authority to enter a residential dwelling unless entry is authorized by consent of the owner, the occupier or a warrant is obtained under applicable legislation.

If the property owner is cooperative, the city’s enforcement policy is to achieve compliance by working collaboratively with everyone involved. The process usually results in eviction proceedings being initiated by the property owner through the provincial Landlord and Tenant Board. Sadly, it can take several months until the problem is resolved.