The Person in Your Unit Is Not on the Lease. Now What?
Few situations confuse landlords more than discovering the person living in the unit is not the tenant: the tenant moved out and handed the keys to someone else, a subtenant stayed past the sublet, or additional occupants simply appeared. The rights of these occupants — and the landlord’s remedies — depend entirely on how they came to be there.
One rule dominates this area: where a tenant has transferred occupancy without authorization, the landlord must generally act within 60 days of discovering the unauthorized occupant, or risk that person becoming a tenant with full RTA protection at the same terms.
We identify the occupant’s true legal status, choose the correct remedy, and act inside the deadlines that decide these cases.
How the Law Treats Different Occupants
The categories matter:
- An unauthorized occupant — someone the tenant let take over without landlord consent — can be removed by application, but generally only if the landlord acts within 60 days of discovery
- An overholding subtenant who stays past the authorized sublet period has their own removal process
- Ordinary roommates and guests of a continuing tenant are usually the tenant’s responsibility, addressed through conduct notices against the tenant
- Doing nothing can convert an unauthorized occupant into a full tenant by operation of law
Common Scenarios We See
Landlords often contact us where:
- The tenant moved out and a stranger is living in the unit paying no rent
- A sublet ended and the subtenant refuses to leave
- Unknown adults have moved in and the original tenant is evasive
- An occupant claims to have a deal with the departed tenant
- The landlord is unsure how long ago the tenant actually left
How We Assist
We assist landlords with:
- Investigating who is in the unit and their legal status
- Calculating and protecting the 60-day discovery deadline
- Filing the correct application to remove unauthorized occupants or overholding subtenants
- Pursuing the departed tenant for arrears and costs
- Advising where the occupant may have acquired tenant status and what that changes
- Coordinating enforcement once an order issues
Why the 60-Day Clock Rules This Area
Landlords lose these cases by waiting — collecting a few payments from the new occupant, hoping the situation resolves, and discovering the occupant now has security of tenure. Establishing the discovery date and filing quickly preserves remedies that delay destroys.
Book a Consultation
If someone you never rented to is living in your unit, the clock may already be running. Contact us this week, not next month.