Ontario LTB matters (Residential Tenancies Act)

Unauthorized Occupancy / Sublet / Assignment
(A2)

When a tenant transfers the unit without consent, timelines are critical. We help landlords identify unauthorized occupants and file the A2 application before rights are lost.

When This Applies

  • The tenant has moved out but someone else remains in the unit
  • Sublet or assignment issues (consent was not requested or granted)
  • Unknown persons are occupying the unit while the tenant is permanently absent
  • You need to confirm legal standing and filing deadlines

Why the Framing Matters

These files succeed or fail based on the specific facts of "possession." If the original tenant still has a connection to the unit, it may not be an unauthorized occupancy.

  The 60-Day Rule: If you do not apply to the Board within 60 days of discovering the unauthorized occupancy, the occupant may legally become your tenant.

What We Do

Clarify the facts, choose the correct pathway, and organize the evidence package.

01

Status & Fact Review

  • Confirm who is on the lease vs. who is occupying
  • Determine whether the tenant has legally vacated (transfer of possession)
  • Identify if the situation is an unauthorized occupancy, sublet, or assignment
02

Evidence & Chronology Build

  • Establish the precise "date of discovery" for the 60-day clock
  • Organize communications regarding refusal of consent
  • Compile proof of vacating (texts, key return, observations)
03

A2 Preparation Support

  • File the A2 application within the mandatory window
  • Prepare arguments regarding compensation for use (not rent)
  • Represent your interests at the LTB hearing

The clock starts ticking the moment you discover the unauthorized occupant.

Missing the 60-day deadline creates a permanent tenancy by default. We act fast to secure your application before time runs out.

Key Evidence Required

Successful applications rely on specific proof of the unauthorized transfer.

Original Lease Agreement
Timeline of Discovery (Log/Notes)
Messages Refusing Consent
Evidence Tenant Vacated (Photos/Keys)
Building Reports of New Occupants
Unsure if they are a "Guest" or an "Unauthorized Occupant"?
We analyze the facts to determine if you have grounds for an A2 application.

Frequently Asked Questions

Is having a guest the same as unauthorized occupancy?
Generally, no. A tenant has the right to have guests, roommates, or partners live with them as long as the tenant still resides in the unit. An "unauthorized occupancy" typically arises when the leaseholder moves out and transfers the unit to someone else without your consent.
What is the 60-day rule for A2 situations?
The RTA requires you to file an application within 60 days of discovering the unauthorized transfer. If you fail to apply within this window, the occupant is deemed to be an assignee of the tenancy agreement and becomes your lawful tenant.
Can a tenant sublet without permission?
A tenant cannot sublet or assign the unit without the landlord's consent. If they do so, it is considered an unauthorized transfer. We help you respond to these breaches lawfully and file the necessary applications to terminate the tenancy.

Resolve Unauthorized Occupancy Issues

We navigate the complex rules of the Residential Tenancies Act so you can reclaim control of your property.

Toronto & GTA
416-769-9428
Ontario Toll Free
+1 855-563-5345

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice.