Unauthorized Occupants in Ontario: A Vacant-Home Owner's Action Plan

by Ana Bastas

An unexpected occupant in a vacant house creates an urgent practical problem. The first step is to establish what has happened safely and get the right advice. Labels such as squatter, guest or former tenant do not, by themselves, settle the person's legal status or the owner's next step.

If someone appears to be inside

Do not enter to confront them. If there is immediate danger, call emergency services. Otherwise, document what you can observe safely and contact police through the appropriate non-emergency channel where suspected unlawful entry is involved. Explain the facts you know and the facts you have not confirmed.

Collect your ownership records, management agreement, lease documents, key/access records and a dated account of events. Was a tenant previously in possession? Did someone give this person permission to stay? Is there a claimed tenancy or sublet? These distinctions matter. Ask an Ontario lawyer or licensed paralegal experienced in residential tenancy matters to identify the correct process.

A disputed tenancy needs a lawful process

Ontario's rental-housing guidance prohibits certain self-help steps where the Residential Tenancies Act applies, including changing locks without providing the tenant replacement keys. A landlord cannot simply replace a required legal process by removing belongings or cutting services. The Landlord and Tenant Board explains that ending a tenancy can require notice, an application and an order.

An owner's belief that an arrangement has ended does not establish that the home is legally vacant. Do not promise a buyer vacant possession until your professionals have reviewed the situation and the contract. Avoid offering a payment, signing a new agreement or making threats without advice about the consequences.

Build a vacancy plan before a problem develops

Insurance: tell your insurer about the vacancy or occupancy change and follow the policy's inspection and security requirements.
Local oversight: appoint a reliable person to check the property and record visits, weather damage and maintenance needs.
Access: keep an accurate key and lockbox log, authorize specific visits and promptly investigate unexplained access.
Property presentation: arrange mail collection, snow clearing or grounds care and timely repairs.
Response contacts: keep your property manager, lawyer, insurer and emergency contacts accessible.

If you are preparing to sell

Tell your listing representative about any uncertainty concerning occupants, keys, tenancy documents or possession. Resolve the factual and legal questions before advertising an uncomplicated move-in date. Keep communications professional and preserve records rather than trying to negotiate an eviction in a text exchange.

Contact Ana to coordinate a selling plan for a vacant or occupied property in Halton, Hamilton or Niagara. Legal possession questions belong with your legal adviser.

Official resources

Reviewed November 3, 2026. General information, not legal or insurance advice. Procedures depend on the actual occupancy arrangement.