In Ontario, a landlord has a strict 60-day window to file an A2 Application with the LTB after discovering an unauthorized occupant (squatter). If they file on time, obtaining an eviction order and having the Sheriff remove the squatter typically takes 4 to 8 months in 2026.
Dealing with an unauthorized occupant-often referred to as an illegal squatter or an overholding subtenant-is one of the most frustrating challenges a property owner can face. In cities like Toronto, London, and Kitchener, housing shortages sometimes lead to original tenants secretly moving out and leaving their roommates, friends, or unapproved subletters behind in the unit. When the landlord discovers this, the clock immediately starts ticking.
Under the Ontario Residential Tenancies Act (RTA), an unauthorized occupant is not a legal tenant and has no right to remain in the property. However, you cannot simply change the locks or throw their belongings onto the lawn. 📝 The law requires you to file a specific application (Form A2) with the Landlord and Tenant Board (LTB). Crucially, if a landlord waits too long to take legal action, the law will automatically convert the squatter into a legal, protected tenant. This guide outlines the precise timelines, costs, and legal steps required to regain control of your property.
Step-by-Step Process for an A2 Eviction in Ontario
Navigating the LTB system requires strict adherence to deadlines. Most landlords in this province successfully remove unauthorized occupants by meticulously following these procedural steps.
Step 1: Identifying the Unauthorized Occupant
First, you must confirm that the person is actually an unauthorized occupant. If the original tenant who signed the lease still lives in the unit, the new person is legally considered their “roommate” or “paying guest.” Landlords in Ontario cannot evict a legal tenant simply for having a roommate. The A2 process only applies if the original tenant has completely vacated the property and left a stranger behind, or if a sublet agreement has officially expired and the subtenant refuses to leave.
Step 2: The 60-Day Clock Begins
The moment you discover that the original tenant is gone and an unauthorized occupant is living there, a strict 60-day legal countdown begins. Under Section 100(1) of the RTA, you have exactly 60 days to file an application to evict them. 📅 If you accept rent from this person while knowing the original tenant has left, or if you miss the 60-day deadline, the RTA automatically assigns the squatter full tenancy rights, essentially trapping you with a new tenant you never screened.
Step 3: Filing the A2 Application
You do not serve the squatter with a standard N-series eviction notice (like an N4 or N5) because they are not your legal tenant. Instead, you proceed directly to the LTB and file a Form A2: Application about a Sublet or an Assignment. In the application, you state that the original tenant transferred the occupancy without your consent, and you are seeking an immediate eviction order.
Step 4: Attending the LTB Hearing
You will receive a Notice of Hearing from the LTB. During the tribunal hearing, you must present evidence proving when the original tenant moved out and when you first discovered the unauthorized occupant. The squatter may try to argue that you accepted rent from them, implying you accepted them as a new tenant. It is crucial to prove that any money you took was strictly for “use and occupation” and not a formal rent payment.
Step 5: Sheriff Enforcement
Once the adjudicator grants the A2 eviction order, the unauthorized occupant is given a specific date to vacate. If they refuse to leave, you must take the LTB order to the local Court Enforcement Office (the Sheriff). Only the Sheriff has the legal authority to physically remove the squatter and change the locks.
How Much Does it Cost in Ontario?
Evicting an unauthorized occupant involves several unavoidable administrative and legal fees:
- LTB Filing Fee: It costs $201 CAD to file an A2 application (regardless of whether you file online through the Tribunals Ontario Portal or by mail).
- Paralegal Representation: Because the 60-day rule is complex, hiring an experienced Ontario paralegal is highly recommended, typically costing between $500 and $1,200 CAD.
- Sheriff Fees: If the squatter refuses to leave after the order is granted, hiring the Sheriff for a physical eviction costs roughly $315 CAD, plus potential travel mileage.
How Long Does the Process Take?
The initial requirement to file is incredibly fast, but the government processing times are slow. You must file the A2 within 60 days of discovery. Once filed, waiting for a hearing date at the LTB in 2026 generally takes 3 to 6 months. After the hearing, waiting for the adjudicator to write the order and scheduling the Sheriff can take an additional 3 to 5 weeks. In total, expect the process to take 4 to 8 months from start to finish.
Unauthorized Occupant vs. Legal Roommate
Understanding exactly who is living in your unit dictates which legal tools you can use. Review this comparison table.
| Occupant Type | Original Tenant Status | Landlord’s Legal Recourse |
|---|---|---|
| Legal Roommate / Guest | Still living in the rental unit. | None. Tenants have a legal right to have roommates in Ontario. |
| Unauthorized Occupant | Has permanently moved out of the unit. | File an A2 Application within 60 days of discovery. |
| Overholding Subtenant | Temporarily away, but sublet period expired. | File an A2 Application within 60 days of the sublet expiry. |
Frequently Asked Questions (FAQ)
Can I just change the locks while the squatter is out?
Absolutely not. Even if the person is an illegal squatter, self-help evictions (changing locks, cutting off utilities) are strictly prohibited under the RTA. If you illegally lock them out, the LTB can fine you heavily and order you to let them back in.
What happens if I accept rent from the squatter?
This is highly risky. If you accept a payment, you must explicitly document that it is compensation for “use and occupation” of the unit, not “rent.” If the LTB determines you accepted the money as rent without making this distinction, they may rule that you implicitly accepted the squatter as your new legal tenant.
Does the 60-day clock reset if I tell them to leave?
No. The 60-day limitation period begins the moment you discover (or reasonably should have discovered) that the original tenant vacated and an unauthorized person remained. Sending emails or verbally telling them to leave does not pause or reset this strict legal deadline.
Can I sue the original tenant for the squatter’s damages?
Yes. The original tenant is legally responsible for the actions of the people they allowed into the unit. You can file an L10 Application with the LTB against the former tenant to recover unpaid rent, utilities, and damages caused by the unauthorized occupant they left behind.
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