As a landlord in Ontario, you may encounter unauthorized occupants—people living in your rental unit who aren’t on the lease. Whether it’s a long-term guest, a subletter you didn’t approve, or someone who moved in after the original tenant left, handling unauthorized occupants legally is crucial to protecting your property and avoiding tenant rights complications.

This guide explains how to identify unauthorized occupants, the legal steps to address them, and what you can and cannot do as a landlord.

1. What Is an Unauthorized Occupant?

📌 An unauthorized occupant is anyone living in your rental unit who is not listed as a tenant on the lease agreement.

✅ Common examples of unauthorized occupants:

• A tenant’s friend, partner, or family member moves in permanently.
• A tenant sublets the unit without permission.
• A tenant moves out but lets someone else take over the lease informally.
• Someone stays in the unit after an eviction or lease termination.

🚨 Landlords cannot evict someone just for having guests, but long-term unauthorized occupants can create legal and financial risks.

For more, check Understanding Ontario Rental Laws.

2. How to Identify an Unauthorized Occupant

📌 Signs that someone is living in your rental unit without authorization:✅ Multiple names on mail or delivery packages.✅ Utility bills or Wi-Fi usage spikes unexpectedly.✅ Neighbors report new, unfamiliar residents.✅ The original tenant is rarely home or moved out.✅ The occupant pays rent on behalf of the tenant.

🚀 Confirming unauthorized occupants early can prevent future legal issues.

For more, check How to Handle Tenant Screening and Lease Agreements.

3. Can a Landlord Evict an Unauthorized Occupant?

📌 Eviction depends on whether the original tenant is still in the unit and what the lease says.

✅ If the tenant is still living there:

• Landlords CANNOT evict tenants for simply having guests.
• If the lease prohibits subletting, you can issue a warning or serve a notice.
• If the unauthorized occupant causes damage, noise complaints, or lease violations, you may have grounds for eviction.

✅ If the tenant moved out and left someone behind:

• The unauthorized occupant has no legal tenancy rights.
• You may issue a Form N5 – Notice to End Tenancy for Unauthorized Subletting.
• If they refuse to leave, you must file for eviction with the Landlord and Tenant Board (LTB).

🚨 You CANNOT change locks or remove an unauthorized occupant without an eviction order.

For legal eviction steps, check How to Legally Evict a Tenant in Ontario.

4. Steps to Remove an Unauthorized Occupant

📌 If an unauthorized occupant is living in your unit, follow these legal steps.

✅ Step 1: Speak to Your Tenant

• Clarify the situation – The occupant may just be a temporary guest.
• Explain lease rules – If subletting is not allowed, remind the tenant of their agreement.
• Request written confirmation of who is living in the unit.

✅ Step 2: Serve an Official Notice

• Use Form N5 – Notice to End Tenancy if the unauthorized occupant violates the lease.
• Provide the tenant with 7 days to correct the issue.
• If unresolved, proceed to eviction.

✅ Step 3: Apply to the Landlord and Tenant Board (LTB)

• If the tenant ignores the notice, file a L2 Application to End a Tenancy.
• Attend an LTB hearing to present your case.
• If approved, obtain an eviction order.

✅ Step 4: Enforce the Eviction (If Necessary)

• If the unauthorized occupant refuses to leave, only a sheriff can legally remove them.
• Landlords cannot change the locks or physically remove anyone themselves.

🚀 Following the legal eviction process avoids fines and tenant claims against you.

For legal guidance, check How to File an Eviction Application.

5. Preventing Unauthorized Occupants in the Future

📌 The best way to deal with unauthorized occupants is to prevent them from moving in to begin with.

✅ Tips to avoid unauthorized residents:

• Clearly define occupancy rules in the lease agreement.
• Require written approval for sublets or additional occupants.
• Perform regular inspections (with proper notice) to check for unauthorized guests.
• Include a clause stating tenants must notify landlords of long-term guests.
• Enforce rental insurance requirements, which can help verify the listed tenants.

🚀 Clear lease agreements reduce tenant misunderstandings and unauthorized subletting.

For lease drafting tips, check How to Create a Strong Lease Agreement.

Final Thoughts: Handle Unauthorized Occupants Legally

📌 Key Takeaways:

• Unauthorized occupants include subletters, long-term guests, or people staying after a tenant leaves.
• Landlords must follow Ontario’s eviction laws—self-help evictions are illegal.
• If an unauthorized occupant refuses to leave, file an eviction with the LTB.
• Prevent future issues with strong lease agreements and proactive tenant communication.

🚀 Need legal help dealing with unauthorized occupants? Contact Carson Frankum for expert landlord support.

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