Landlord & Tenant
Squatters & Tresspassers
In Ontario, the law states that a squatter or trespasser has no legal right to remain on the property, and the owner or tenant has the right to have them removed immediately. In order to do so, the owner or tenant must obtain an Order of Possession from the Landlord and Tenant Board, which will authorize the police to remove the squatter or trespasser from the property.
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The Difference Between Squatters & Trespassers
Living in a rental residential home in Ontario can be a great way to find a place to call home. But when it comes to tenants and squatters, there are some important differences that need to be addressed.
Tenants are those who enter into a valid rental agreement with the landlord. This agreement typically includes a lease that outlines the expectations and responsibilities of both parties. This may include the length of the tenancy, the amount of rent to be paid, and the rights and responsibilities of the tenant and landlord. Tenants are usually protected by the Residential Tenancies Act, which provides tenants with certain rights and protects them from eviction without cause.
On the other hand, squatters are those who occupy a property without the permission or knowledge of the rightful owner. Squatters are not protected by any rental laws and do not have any legal rights. If a squatter is caught, they can be evicted quickly and without warning.
Another important difference between tenants and squatters is that tenants are usually allowed to make improvements to the property, while squatters are not. Tenants have a right to make improvements that are necessary and beneficial to the property, while squatters are not allowed to make any changes to the property without the permission of the owner.
Finally, tenants are usually expected to pay rent on a regular basis, while squatters are not. Tenants must pay rent on time, and they are responsible for any damages they cause to the property or to other tenants. Squatters, on the other hand, do not have to pay rent, and they are not responsible for damages they cause.
When it comes to living in a rental residential home in Ontario, it's important to understand the differences between tenants and squatters. Tenants are legally protected and have certain rights, while squatters do not. Tenants are expected to pay rent on time and are responsible for any damages they cause, while squatters are not. And tenants are usually allowed to make improvements to the property, while squatters are not.
Understanding these differences can help ensure that you are making the best decision for yourself and for the property. To discover more about this issue, take us up on our free consultation offer. Call us at 844-4-WIN-4-ME.
Squatters & Trespassers
As a landlord in Ontario, you know how important it is to protect your rental property. Unfortunately, sometimes that means dealing with squatters or trespassers. If you find yourself in this situation, you may be wondering how a Cordaie Paralegal Services can help.
The first thing we can do is advise you on how to handle the situation legally. For example, our paralegals can tell you how to serve the squatter or trespasser with an eviction notice. We can also explain the legal process you need to follow in order to remove them from your property.
In addition, our team can help you draft a rental agreement that includes a clause against squatting and trespassing. This way, you can prevent this type of situation from happening in the future.
Finally, we can serve as a representative if the squatter or trespasser files a lawsuit against you. We can advise you on how to handle the legal proceedings and ensure that your rights are respected.
Overall, having Cordaie Paralegal Services on your side when dealing with squatters or trespassers on your rental property can be invaluable. Our team can provide legal advice and help to protect your rights. Consulting us is a great way to make sure that you handle the situation in the best way possible.
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Squatters & Trespassers
It is important to understand a few things about squatters and trespassers.
Dealing with Squatters and Trespassers
While one may not have to deal with squatters daily, it can be an extremely difficult and stressful time when this situation arises. Squatters must be removed with care so as not to break any laws.
It is the landlord's responsibility to follow the legal process to protect their property and avoid further problems.
To resolve such a situation, our team will work with the sheriff's department as needed. Our goal will be to help you get rid of squatters on your private property as quickly as possible by discussing the legalities of squatting.
Evicting Squatters
Landlords must evict squatters as efficiently as possible. The protection of their property depends on ensuring that only legal residents are paying rent and occupying their spaces.
Performing thorough tenant screening before renting out your property is the most effective way to avoid such situations. Despite taking every precaution possible to prevent situations like this, they do happen from time to time. Having said that, here are some tips on how you can deal with it.
Check to make sure the trespasser is not a former tenant who has stayed on the property. Squatters are also involved in this case, but the matter is civil rather than criminal. If they are not, call the police immediately. It should be possible to remove the person this way since they are trespassing and breaking the law. Once the police determine that this is a civil matter or that it is a former tenant turned squatter, it's time to move forward.
Tenant Turned Squatter
As soon as a tenant turns squatter, the landlord must file for eviction with the Landlord and Tenant Board (LTB) and serve an eviction notice on them. The squatters usually leave once they realize the landlord is serious about removing them. There is no doubt in their minds that they are ready to regain possession of their property.
In the event this doesn't work, the landlord will have to seek the assistance of the law. The first step is to apply with the LTB. The application will be reviewed and a hearing date will be scheduled. The process can take anywhere from a few weeks to a few months, depending on the Board's caseload. A ruling from the court will allow you to remove the squatters and reclaim your property.
The landlord can contact the Sheriff to serve the eviction notice once the LTB has ruled. In some cases, they may need to involve the Sheriff, but most squatters will leave before this is required.
Since squatters are not legally allowed to have any possessions in the house, the landlord can get rid of them. To prevent former squatters from suing, ensure that all laws regarding getting rid of their left-behind property are followed. Whether it's establishing a file or repossessing your property, we're here to help you.
Avoid These Mistakes
Even though one will be frustrated that squatters are on their property, one cannot do anything that might endanger their health. In addition to intruding on their privacy, putting them in danger is illegal.
The Following Should Be Avoided at All Costs:
- Keeping them out with padlocks
- Shutting-off utilities
- Threatening them
Although having squatters is frustrating if you follow the steps outlined above, you will be able to get rid of them legally and efficiently.
Frequently Asked Questions
Here are answers to some common questions.