Ontario Landlord Guide › My tenant moved someone else in without asking. What can I do in Ontario?

My tenant moved someone else in without asking. What can I do in Ontario?

Last updated October 23, 2026 · Written for small Ontario landlords

Short answer: A tenant can sublet or assign the unit only with your consent. If they hand the unit to someone without it, that person is an unauthorized occupant, and you can apply to the LTB on Form A2 to end the tenancy and evict both of them. You must apply within 60 days of finding out. If you do nothing in that time, the law treats the person as an assignee you consented to, which in practice makes them your tenant.

Official source: LTB: Instructions for Form A2, Application about a Sublet or an Assignment · Last checked Oct 2026

Sublet, assignment or unauthorized occupant?

Sublet. The tenant keeps the tenancy and lets someone else live in the unit for a while, planning to come back. The tenant stays responsible to you for the rent and the rules during the sublet, and the subtenant has no right to stay after the sublet ends (RTA s. 97).
Assignment. The tenant hands over the whole tenancy and doesn't plan to return. The new person takes over the same lease on the same terms (RTA s. 95).
Unauthorized occupant. Someone the tenant transferred the unit to without your consent, by either route (RTA s. 100).

A tenant who simply has a roommate or partner living with them is a different situation, and the LTB guide to the Act is the place to check how it treats occupants. This page is about a tenant who has handed the unit, or their place in it, to someone else.

What the tenant needs from you, and what you can say

Sublet requests. You can't refuse a proposed subtenant arbitrarily or unreasonably (s. 97(2)).
Assignment requests. You can refuse an assignment in principle. If you agree in principle, you can't then refuse a specific proposed person arbitrarily or unreasonably (s. 95(2), (3) and (5)). If you refuse in principle or don't answer within 7 days, the tenant can give you notice and leave, within 30 days of asking (s. 95(4), s. 96).
Charges. You can charge only your reasonable out-of-pocket costs of giving consent (s. 95(7), s. 97(3)).
The tenant can't profit. A tenant can't charge a subtenant more rent than you lawfully charge, or take a fee, premium or key money for subletting or handing over the unit (s. 134(3)). Doing so is an offence under s. 234.

Your options once you find out

File an A2 (Reason 1). Ask the LTB to end the original tenancy and evict the tenant and the unauthorized occupant. Both are named as other parties. File no later than 60 days after you first became aware of the occupant (s. 100(1) and (2)).
Ask for compensation in the same A2. If the occupant is still in the unit when you file, you can ask for compensation for each day they stay. The A2 instructions say it is calculated from the date you discovered them unless you explain why another date applies (s. 100(3), s. 103).
Or make a new lease with them, inside the 60 days. If the person took over through an assignment you didn't agree to, you can negotiate a new tenancy agreement with them (s. 104(1)). Sign it no later than 60 days after you found out and it counts as a new tenancy, so the rent you first charge them is the lawful rent (s. 104(3), s. 113). Miss that window and the old lease carries on with them on the same terms, including the old rent (s. 104(4), s. 95(8)).
A subtenant who won't leave. If you agreed to a sublet and the subtenant stays after it ends, you or the tenant can file an A2 (Reason 2) to evict them, within 60 days after the sublet ended (s. 101).

Taking money is not agreeing. Accepting compensation for the occupant's use of the unit does not create a tenancy with them unless you both agree otherwise (s. 103(2)). Still, say so in writing when you accept it.

Fee and filing. A landlord's A2 costs $201 (LTB fees page). The LTB lists email with online payment, mail or courier, and ServiceOntario as the ways to file it.

Worked example

On Monday, November 2, 2026, you drop by with 24 hours' written notice for a repair and find a stranger living in the unit. Your tenant tells you they moved out in October and handed over the keys. Write down the date you found out and how. Day 60 is Friday, January 1, 2027, a holiday, so in practice aim to file well before the end of December. If you file the A2 on time, you can ask for an order ending the tenancy and evicting both, plus compensation from November 2 for every day the occupant stays. If you let January 1 pass without filing or signing a new lease, s. 104(4) treats the occupant as an assignee you consented to, as of the day they moved in.

Where the toolkit helps: The toolkit's LTB-Ready Evidence Pack includes a communication log, so the date you found the occupant, what the tenant told you and every message after it are written down. The Move-In / Move-Out Inspection Form with a photo log shows who moved in and the unit's condition at the start. See what is inside the $19 toolkit

Avoid these mistakes

Waiting to see how it goes. The 60 days run from when you find out, not from when the rent stops. Put the deadline in your calendar the same day.
Changing the locks or removing their things. You can take the unit back only after the tenant leaves or the LTB orders an eviction (RTA s. 39), and the order is enforced by the Sheriff. Doing it yourself breaks the Act.
Refusing every sublet out of habit. An unreasonable refusal can lead the LTB to authorize the sublet, end the tenancy or order a rent abatement on the tenant's application (s. 98).
A lease clause banning all sublets. The Act's consent rules apply to every tenancy, periodic or fixed term (s. 95(9), s. 97(6)), so the request still has to be handled the way the Act says.

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.