In Ontario, an unauthorized occupant (or squatter) has absolutely zero rights under the Residential Tenancies Act (RTA). However, if a landlord discovers an unauthorized person living in the unit and fails to file an eviction application within 60 days, that person may legally become an official tenant.
When you own a rental property in bustling cities like Toronto, Mississauga, or Ottawa, discovering a stranger living in your unit is a landlord’s worst nightmare. Sometimes this happens when an official tenant moves out but secretly leaves their roommate behind. Other times, it happens when someone completely breaks into a vacant property. These individuals are often colloquially referred to as “squatters,” but under Ontario law, they are formally known as unauthorized occupants.
A dangerous myth exists that simply occupying a property grants someone automatic tenancy rights. This is entirely false. However, the Ontario Residential Tenancies Act (RTA) has incredibly strict deadlines for landlords. If you make a mistake, such as accidentally accepting a rent cheque from the occupant, you may unknowingly grant them full legal tenancy rights. In this comprehensive legal guide, we will explore exactly how to handle unauthorized occupants and safely reclaim your rental property. 📍
Step-by-Step Process in Ontario
Dealing with squatters requires swift, highly documented action. The RTA explicitly states that a landlord must not wait to address the situation. Retaining an experienced Ontario paralegal or property management law firm is highly recommended to ensure you do not accidentally legitimize their stay.
Step 1: Determine Their Exact Legal Status
First, you must assess how the person entered the property. If the individual broke a window to enter a vacant house, they are committing a criminal offence. They are not a tenant or an occupant; they are a trespasser. In this scenario, you must immediately call your local police service to have them removed for trespassing or break and enter. 🚨
However, if the person was initially invited into the home by your original leaseholder (for example, as a romantic partner or a subletter) and simply refused to leave when the main tenant moved out, they are an “unauthorized occupant.” The police generally will not intervene here, viewing it as a civil dispute that must be resolved through the Landlord and Tenant Board (LTB).
Step 2: Do Not Accept Rent Money
This is the most critical rule in Ontario landlord law. If you discover an unauthorized occupant, do not accept a single dollar from them. Do not cash their cheques, and do not accept an e-transfer.
Under the RTA, if a landlord knowingly accepts rent from an unauthorized person, the law presumes that the landlord has implicitly agreed to a new tenancy. The occupant instantly transforms into a legal, protected tenant, and you entirely lose your right to evict them simply for being unauthorized.
Step 3: File an A2 Application with the LTB
To safely remove an unauthorized occupant, you must formally apply to the Landlord and Tenant Board. You must file an A2 Application (Application about a Sublet or an Assignment). This specific form asks the LTB to officially declare that the person is an unauthorized occupant and order their immediate eviction. 📄
You must file this A2 application strictly within 60 days of discovering the unauthorized person. If you wait 61 days, the RTA explicitly states that the person automatically becomes a legal tenant by default, and you are permanently stuck with them.
Step 4: Execute the Eviction Order
Once the LTB holds a hearing and issues an official eviction order, the occupant is legally required to vacate. If they stubbornly refuse to leave, you still cannot legally change the locks yourself.
You must take the LTB order to the local Court Enforcement Office. A uniformed Sheriff will then be scheduled to physically attend the property, remove the unauthorized occupant, and officially return vacant possession of the unit back to you.
How Much Does it Cost in Ontario?
Removing an unauthorized occupant involves administrative tribunal fees and professional legal costs. Generally, it is highly cost-effective to hire a paralegal rather than risk losing your property to a default tenancy. 💰
- LTB Filing Fee: Filing an A2 Application online through the LTB portal currently costs $186 CAD.
- Paralegal Representation: Hiring a licensed paralegal to draft the application and represent you at the LTB hearing typically costs between $1,000 and $2,000 CAD.
- Sheriff Enforcement Fee: If the occupant refuses to leave after the order is issued, hiring the Sheriff for physical removal costs roughly $315 CAD, plus an hourly mileage rate depending on your municipality.
| Action by Landlord | Legal Consequence in Ontario | Occupant’s Status |
|---|---|---|
| Accepts rent from the occupant | Creates a deemed tenancy agreement | Protected Legal Tenant |
| Ignores them for over 60 days | Waives the right to dispute occupancy | Protected Legal Tenant |
| Files A2 within 60 days | Maintains legal right to evict | Unauthorized Occupant |
How Long Does the Process Take?
The timeline to remove an unauthorized occupant is heavily dictated by the severe backlogs at the Landlord and Tenant Board. While you must file your application within 60 days, waiting for an actual hearing date can currently take 4 to 8 months.
Once the LTB issues the eviction order, securing an appointment with the local Sheriff’s office for enforcement typically adds another 3 to 5 weeks to the process.
Frequently Asked Questions (FAQ)
What is “Adverse Possession” (Squatter’s Rights)?
In Ontario, true “squatter’s rights” (adverse possession) is incredibly rare and nearly impossible to achieve. It requires someone to openly and continuously occupy private land without the owner’s permission for a strict period of 10 undisturbed years. Furthermore, properties registered under the modern Land Titles System are completely immune to adverse possession claims.
Can I just change the locks if they aren’t on the lease?
No. If the person was originally invited in by the lawful tenant, they are an unauthorized occupant, not a criminal trespasser. Changing the locks without an LTB order is considered an illegal lockout. The occupant could call the police or the LTB’s Rental Housing Enforcement Unit to force you to let them back inside, and you could face massive provincial fines.
What if the original tenant is still living there with the occupant?
If the lawful tenant is still living in the unit and simply invited their romantic partner or a roommate to move in, the landlord cannot interfere. Under the RTA, tenants have the absolute right to have roommates or guests. The newcomer is merely a roommate, and you cannot evict them or increase the rent.
Can I sue the original tenant for abandoning the unit to a squatter?
Yes. If your original leaseholder moves out and illegally transfers the unit to a friend without your consent, they have breached their lease. You can name the original tenant in your LTB application to hold them financially responsible for any unpaid rent or damages caused by the unauthorized occupant.
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