To evict professional squatters presenting fraudulent leases in Ontario, B2B landlords must apply to the Ontario Superior Court of Justice for a Writ of Possession or involve police under the Trespass to Property Act, as the Landlord and Tenant Board (LTB) lacks jurisdiction over pure trespassers who have no connection to a lawful tenant.
Real estate investing in Ontario offers robust returns, particularly in high-demand markets like Toronto, Kitchener-Waterloo, and Windsor. 🏢 However, B2B property investors and corporate landlords are increasingly facing a sophisticated threat: professional squatters. These individuals target vacant investment properties, break in, and immediately generate highly convincing, forged lease agreements. When the property management team discovers the intrusion, the squatters present these fake documents to stall the eviction.
The presence of a fraudulent lease exploits a major loophole in law enforcement. When local police arrive, they see a document that looks like a standard Ontario Standard Lease. Because police officers are not equipped to authenticate contracts on the spot, they will almost universally declare it a “civil matter” and refuse to remove the occupants. To regain control of your asset, you must quickly apply to the Ontario Superior Court of Justice for a Writ of Possession, as the Landlord and Tenant Board (LTB) has no jurisdiction over pure trespassers under the Residential Tenancies Act.
Step-by-Step Process for Evicting Fraudulent Squatters in Ontario
Whether your commercial portfolio is based in Markham or Hamilton, removing unauthorized occupants requires a swift and aggressive legal strategy. 📋 You cannot simply change the locks, as doing so without a court order risks severe civil penalties if the squatters claim a verbal tenancy exists, though pure trespassers are technically not protected by the RTA.
Step 1: Attempting Police Intervention and Documentation
Your first step should always be calling the local police to report a break-and-enter. If the squatters produce a fake lease and the police decline to act, ask the officers for a formal incident number under the Trespass to Property Act. Take photographs of the forged lease if possible. You must document exactly when you discovered the unauthorized occupants, as you will need this evidence for court.
Step 2: Applying to the Superior Court of Justice
Do not attempt to serve Landlord and Tenant Board (LTB) notices (such as an N4 or N5), nor should you file an LTB A2 Application. ⾳ Since these individuals are pure trespassers with no connection to a lawful tenant, the LTB lacks jurisdiction. Instead, you must file an application in the Ontario Superior Court of Justice to obtain a Writ of Possession, proving your ownership and demonstrating that the occupants are illegal trespassers.
Step 3: Requesting an Urgent Court Hearing
Because these are professional fraudsters occupying your asset, your legal representative should request an urgent hearing in the Superior Court of Justice. You must provide a sworn affidavit explaining that the occupants broke in, forged documents, and are likely causing active property damage or operating illegal activities, justifying why you need an immediate order.
Step 4: The Hearing and Sheriff Enforcement
At the Superior Court hearing, your legal team will present proof of ownership and demonstrate that the lease is fraudulent (e.g., fake property manager signatures, incorrect corporate names). 🏨 Once the judge issues a Writ of Possession, you will take it immediately to the local Court Enforcement Office (Sheriff). Only the Sheriff has the legal authority to physically remove the squatters from the building.
How Much Does Evicting a Squatter Cost?
Dealing with professional squatters is one of the most expensive hurdles a B2B landlord can face. Expect the following costs:
- Court Filing Fees: Filing an application for a Writ of Possession in the Ontario Superior Court of Justice typically costs around $250 to $300 CAD. (By comparison, filing standard landlord applications at the LTB via the Tribunals Ontario Portal is $186 CAD online or $201 CAD for paper applications, though the LTB lacks jurisdiction over pure trespass cases).
- Lawyer Fees: Because this involves Superior Court litigation rather than standard LTB proceedings, hiring an Ontario lawyer to obtain a Writ of Possession will typically cost between $3,500 and $7,500 CAD.
- Sheriff Enforcement: Booking the Sheriff to enforce the eviction order costs approximately $315 CAD, plus additional mileage fees depending on your property’s location.
- Security and Locksmiths: Hiring security guards and locksmiths for the day of the eviction to immediately secure the perimeter often costs an additional $500 to $1,000 CAD.
Investors must also account for the loss of rental income and potential thousands in physical damage left behind by the squatters.
How Long Does the Process Take?
Time is money for property investors. ⏱ Applying to the Superior Court of Justice for an urgent Writ of Possession can yield an order within 2 to 6 weeks depending on court availability. If you mistakenly file an A2 Application and wait for the LTB’s standard timeline, you may face extreme backlogs of 4 to 8 months only to have your case dismissed for lack of jurisdiction. Once the court order is granted, the Sheriff usually takes 2 to 4 weeks to schedule the physical lockout.
Tenant vs. Unauthorized Occupant
| Status | Legal Definition | Eviction Process |
|---|---|---|
| Lawful Tenant | Signed a legitimate lease and paid rent to the owner. | Requires standard N-Notices (e.g., N4, N5, N12). |
| Overholding Subtenant | Stayed after the original master tenant moved out. | Requires an A2 Application within 60 days. |
| Fraudulent Squatter | Broke in and forged documents; no legal relationship or tenant consent. | Requires a Superior Court Writ of Possession or police action (no LTB jurisdiction). |
Frequently Asked Questions (FAQ)
Why can’t I just shut off the electricity and water to force them out?
In Ontario, it is strictly illegal to shut off vital services (water, heat, electricity) to a residential unit, even if the occupants are squatters. Doing so can result in massive fines from the Rental Housing Enforcement Unit (RHEU) and complicate your legal proceedings.
What happens if I miss the 60-day window to file the A2 Application?
For unauthorized occupants who originally gained entry through a lawful tenant (such as a roommate or overholding subtenant), failing to file an LTB A2 Application within 60 days of discovering them means they may legally become tenants by default. However, this 60-day rule does not apply to pure trespassers (squatters), as they cannot become tenants by default, though you should still act immediately to protect your asset.
Can I bypass the LTB and go straight to Superior Court?
Yes, and you must. Because a pure trespasser has no legal connection to an authorized tenant, the Landlord and Tenant Board (LTB) does not have jurisdiction over them. If you try to use the LTB (like an A2 Application under Section 100), your case will eventually be dismissed, causing months of delay. You must apply to the Ontario Superior Court of Justice for a Writ of Possession or seek police enforcement under the Trespass to Property Act.
Can I sue the squatters for the property damage they caused?
Yes, you can pursue them in Small Claims Court for damages up to $35,000 CAD. However, professional squatters are often “judgment proof,” meaning they have no traceable income or assets, making it very difficult to actually collect the money.
How do professional squatters find vacant B2B properties?
They often monitor MLS listings, online classifieds, and public obituaries to identify homes that are empty for renovations or pending sale. They then pick the locks, move in quietly at night, and prepare their fake leases to deceive the authorities.
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