If you discover an unauthorized sublet in your Ontario rental property, you must act quickly. Under the RTA, landlords have exactly 60 days from discovering the illegal occupant to file an A2 Application with the LTB. Failing to file within this strict timeline may legally transform the unauthorized occupant into your permanent tenant.
With the high cost of living in university towns and urban centres like Waterloo, Kingston, and Toronto, many tenants attempt to offset their expenses by quietly subletting their apartments. Often, a tenant will move out for the summer or relocate temporarily for work, placing an ad on Kijiji or Facebook Marketplace to rent the unit to a stranger. While subletting is legal in Ontario, it is only legal if the tenant obtains the landlord’s explicit, written consent. When a tenant bypasses you entirely, they create a massive liability risk for your property.
Under the Residential Tenancies Act (RTA), an individual living in your unit without your permission is classified as an “unauthorized occupant.” ⚠ These occupants have not passed your background checks, have not provided you with credit reports, and have not signed a lease with you. Evicting them requires navigating Section 100 of the RTA. The most critical factor in this process is time. The Landlord and Tenant Board (LTB) enforces a rigid 60-day rule: if you know about the unauthorized occupant and do nothing, the law assumes you have accepted them, accidentally creating a binding tenancy.
Step-by-Step Process for Evicting an Unauthorized Occupant
Handling a rogue sublet requires a strategic and documented approach. You cannot simply change the locks or throw their belongings onto the street. Here is the legal process an Ontario landlord must follow.
Step 1: Discover and Document the Sublet
The clock starts ticking the moment you discover the unauthorized person. 📸 This might happen during a routine maintenance inspection or when a neighbour complains about a new person in the building. Immediately document how and when you found out. Take screenshots of the Kijiji or Facebook Marketplace ad if you can find it. Record the name of the occupant if they are willing to provide it, as you will need this information for the LTB forms.
Step 2: Do NOT Accept Rent from the Occupant
This is the most common mistake landlords make. If the unauthorized occupant offers to pay you rent directly, or attempts to send you an e-transfer, you must refuse it. Accepting even a single dollar from the unauthorized person can create an “implied tenancy” under Ontario law. Once an implied tenancy is created, you lose the right to evict them as an unauthorized occupant, and they gain full protection under the RTA.
Step 3: Skip the N5 Notice and Prepare to File
Unlike other tenant violations, a landlord does not need to serve a Form N5 (Notice to End your Tenancy) before addressing an unauthorized sublet. 📝 Since unauthorized occupancy is regulated under Section 100 of the RTA, you have the immediate right to bypass preliminary termination notices and apply directly to the Landlord and Tenant Board (LTB) to evict the occupant.
Step 4: File the A2 Application within 60 Days
If the unauthorized occupant remains, you must file a Form A2 (Application about a Sublet or an Assignment). It is critical to select the option stating the tenant transferred the occupancy without your consent. You MUST file this application within 60 days of discovering the occupant. Note that the A2 form cannot be filed directly inside the Tribunals Ontario Portal; you must submit the application by email ([email protected]) and pay the $201 CAD fee online through the LTB’s official payment gateway.
Step 5: Execute the Eviction
Once the LTB schedules a hearing, you will present your evidence (the lease, the online ad, communications) to the adjudicator. ⚖ If the adjudicator agrees the sublet was unauthorized, they will issue an eviction order. If the occupant refuses to leave by the termination date, you must hire the local Court Enforcement Office (the Sheriff) to legally remove them and change the locks.
How Much Does it Cost in Ontario?
Evicting an unauthorized subtenant is a legal process that involves specific fees. 💵 Be prepared for the following costs:
- LTB Filing Fee: Submitting a Form A2 by email with an online fee payment costs $201 CAD (as the portal discount does not apply).
- Paralegal Representation: Because the 60-day rule is so strict, many landlords hire a licensed paralegal to ensure the A2 is filed flawlessly, which generally costs between $600 CAD and $1,200 CAD.
- Sheriff Eviction Fee: If physical removal is required, the Sheriff typically charges about $315 CAD for standard enforcement.
- Loss of Rent: If the original tenant stops paying, you may suffer rental arrears while waiting for the LTB hearing.
How Long Does the Process Take?
While the filing window is incredibly short, the actual eviction process takes time. You must file the A2 within the first 60 days of discovery. Once filed, waiting for an LTB hearing currently takes 3 to 6 months due to provincial backlogs. After securing an eviction order, scheduling the Sheriff to change the locks usually takes another 2 to 4 weeks.
Legal Sublet vs. Unauthorized Occupancy
| Feature | Legal Sublet | Unauthorized Occupancy |
|---|---|---|
| Landlord’s Consent | Written permission provided by the landlord. | No permission sought; done secretly. |
| Tenant’s Return | Original tenant plans to return before the lease ends. | Original tenant may have abandoned the unit entirely. |
| RTA Protections | The subtenant has legal rights during their sublet term. | Occupant has no RTA rights and can be evicted via A2. |
Frequently Asked Questions (FAQ)
Can I just change the locks since they aren’t on the lease?
No. Even though they are an unauthorized occupant, self-help evictions (changing locks, removing property) are strictly prohibited in Ontario. You must obtain an eviction order from the LTB and use the Sheriff.
What if the 60 days have already passed?
If 60 days pass after you discover the occupant and you have not filed an A2 or entered into a new lease with them, the law generally deems that an assignment of the tenancy has occurred. The unauthorized person legally becomes your new tenant.
Can a tenant charge the subtenant more rent to make a profit?
No. Under the RTA, a tenant is strictly prohibited from charging a subtenant more rent than they currently pay the landlord. If they do, the subtenant can apply to the LTB to force the original tenant to pay back the illegal overcharge.
Does the original tenant still owe me rent?
Yes. The original tenant remains completely legally responsible for the lease, the rent, and any damage caused by the unauthorized occupant, until the LTB officially terminates the tenancy.
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