How to Enforce a Lease on a Non-Lease Occupant?

Ever had someone living in your rental property who shouldn’t be there? Maybe it’s an unauthorized roommate, a long-term guest who’s overstayed their welcome, or even a squatter. These people are what we call non-lease occupants – individuals not listed on your lease agreement but occupying the property anyway.

This kind of situation can be incredibly frustrating for landlords and property owners. Why? Because non-lease occupants can mean a lack of accountability, potential damage, and unpaid rent – not to mention the legal headache of trying to get things sorted.

The good news is there are clear legal steps you can take to handle this, especially if you’re a landlord in Ontario. Let’s walk through what you need to know.

Understanding Non-Lease Occupants

Before you can fix the problem, you need to identify it.

So, who exactly qualifies as a non-lease occupant?

• Unauthorized roommates: Someone who moved in without your approval.
• Long-term guests: A friend or family member who’s been there way too long.
• Squatters: People who move in without permission, sometimes when the property is empty.

To break it down further: tenants listed on the lease are legally responsible for rent and following property rules. Non-lease occupants, however, aren’t bound by those agreements. This creates a messy situation where you, as the landlord, need to take action to regain control.

Ontario’s Residential Tenancies Act (RTA) covers landlord-tenant relationships. While it primarily deals with legal tenants, it does provide pathways for addressing unauthorized occupants.

Review Your Lease Agreement

Your first line of defense against non-lease occupants is a solid, well-written lease agreement.

Here are the key things to check:

• Occupancy limits: Does your lease specify how many people can live in the property?
• Subletting rules: Did you outline whether tenants can add roommates or sublet the property?
• Penalties for violations: Are there consequences if the tenant ignores these rules?

If your lease already covers these, great! Now you have the leverage to act. If not, it’s a good time to update your lease for future tenants. Always make sure tenants understand and sign off on these terms upfront.

Open Communication First

Before jumping to legal action, have a conversation with your tenant.

1. Talk to your tenant: Reach out and ask about the situation. Maybe they genuinely didn’t realize adding a roommate without permission was an issue.
2. Offer solutions: If the non-lease occupant is someone the tenant wants to keep living there, suggest formalizing their status. For example, add them to the lease agreement with clear terms.
3. Document everything: Whether it’s emails, written notices, or texts, keep a record of all communications. This helps you down the line if legal steps become necessary.

Sometimes, a simple conversation resolves the issue. But if not, it’s time to take the next step.

Legal Steps for Enforcing the Lease

If the problem continues, here’s how to handle it legally in Ontario:

• Step 1: Serve a Notice to Terminate
  • Use Form N5: This form is used when tenants interfere with others, cause damage, or overcrowd the property.
  • Give the tenant 7 days to correct the issue (e.g., remove the unauthorized occupant).
  • If they don’t comply, you can escalate the matter to the Landlord and Tenant Board (LTB).
• Step 2: File with the Landlord and Tenant Board (LTB)
  • The LTB oversees disputes between landlords and tenants in Ontario.
  • You’ll need to prove the unauthorized occupant is violating the lease or causing issues.
  • A hearing will be scheduled where both sides can present their case.
• Step 3: Eviction Process
  • If the LTB rules in your favor, they’ll issue an order for eviction.
  • Avoid illegal evictions at all costs – taking matters into your own hands (like changing locks or shutting off utilities) is not allowed and could land you in legal trouble.

When to Involve Legal Professionals

If the process feels overwhelming or you’re worried about making a mistake, don’t hesitate to involve a lawyer or paralegal. Professionals who specialize in landlord-tenant law can help you:

• File the correct paperwork.
• Prepare for hearings.
• Navigate tricky legal scenarios.

You can also turn to local resources like landlord associations or property management companies (like us!) for guidance and support.

Preventative Measures for the Future

The best way to deal with unauthorized occupants is to prevent the issue from happening in the first place. Here are a few tips:

• Strong tenant screening: Vet tenants carefully to ensure they’re responsible and likely to follow your rules.
• Routine property inspections: Regular check-ins can help you catch issues early.
• Clear lease agreements: Spell out occupancy rules, subletting policies, and consequences for violations.

If managing these details feels like too much, consider working with a property management company. We can handle tenant screening, lease enforcement, and property inspections to keep your investment secure.

Conclusion

Non-lease occupants can feel like a nightmare for landlords, but you have options. From reviewing your lease agreement and opening up communication to taking legal steps with the LTB, you can resolve the situation in a professional and legal way.

If you’re a landlord in Hamilton or Niagara and you’re feeling stuck, we’re here to help. As a property management company, we specialize in handling tricky tenant situations so you don’t have to. Let us take the stress off your plate so you can focus on what matters most.