Evicting an Illegal Occupant in Ontario: What Landlords Need to Know About the A2 Application
If you’re a landlord in Ontario, there may come a time when a frustrating situation arises: your tenant moves out, but someone else refuses to leave. It could be a friend, roommate, partner, or family member — someone who was never officially on the lease and never had your permission to live in the unit.
Thankfully, Ontario’s Landlord and Tenant Board (LTB) provides a clear legal pathway to help you regain control of your property. That’s where the A2 Application comes in.
✅ What Is the A2 Application?
The A2: Application About an Agreement Between a Landlord and Tenant is used when:
- The original tenant has legally moved out, and
- A person still occupying the rental unit was never authorized by the landlord to stay there.
This gives landlords a lawful mechanism to have the unauthorized occupant removed through the LTB and the Sheriff, rather than taking matters into their own hands — which could expose landlords to legal risk.
🏠 When Should a Landlord Use an A2 Application?
The A2 Application is appropriate when:
- The legitimate tenancy has already ended
- A subtenant or guest remains without permission
- The unauthorized occupant refuses to leave voluntarily
This application confirms that the person living there has no legal right to remain on the premises.
⚠️ Why Not Just Change the Locks?
In Ontario, landlords cannot forcibly remove someone — even if they were never a tenant. Actions like:
- Changing the locks
- Removing belongings
- Shutting off utilities
- Intimidating the occupant
…can result in serious penalties under the Residential Tenancies Act (RTA).
Only the Sheriff can carry out an eviction once the LTB issues an eviction order.
📝 What Happens After Filing?
Once filed with the LTB:
- A hearing date is scheduled
- The unauthorized occupant is served with notice
- The Board reviews evidence confirming the tenancy has ended
- If approved — an eviction order is issued
- The Sheriff enforces the eviction legally
This process protects your rights as a landlord while ensuring the eviction is handled properly.
👋 Need Help Navigating This Process?
Dealing with an unknown or unauthorized occupant can be stressful — but you do have options. Understanding the A2 Application ensures you stay compliant with the law while taking the right steps to protect your property.
If you’re unsure how to proceed, consider speaking with a licensed paralegal or legal professional who specializes in landlord-tenant matters in Ontario.
