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Home › Law Library › RTA › s. 100
S.O. 2006, c. 17 · PART VI ASSIGNMENT, SUBLETTING AND UNAUTHORIZED OCCUPANCY

Section 100 — Unauthorized occupancy

Residential Tenancies Act, 2006

In plain English

If someone is occupying the unit as an unauthorized assignment or sublet, the landlord can apply to evict that occupant.

The statute text

100 (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred.

(2) An application under subsection (1) must be made no later than 60 days after the landlord discovers the unauthorized occupancy.

(3) A landlord who makes an application under subsection (1) may also apply to the Board for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made.

(4) Subsection 87 (5) applies, with necessary modifications, to an application under subsection (3).

View this section on the official Ontario e-Laws site →

Reproduced under the King’s Printer for Ontario / Open Government Licence – Ontario. Confirm against the official e-Laws consolidation before relying on it.

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