How to Handle Squatters in Ontario (2026 Legal Guide)

Q: What is the difference between a squatter and a tenant in Ontario?

A squatter (trespasser) never had permission to be on the property and no rent was ever paid. A tenant had permission (even verbal) and may have paid rent. The distinction determines whether you use criminal law (trespassing) or civil law (LTB/court).

Q: Do squatters have rights in Ontario?

True squatters (trespassers) have very limited rights. Ontario does have adverse possession laws, but they require 10+ years of continuous, open possession on land not registered under Land Titles — which is extremely rare in modern Ontario.

Q: How do I remove someone who claims to be a tenant but is not?

If someone falsely claims tenancy, you may need to go through the LTB (A2 application for unauthorized occupants) or Superior Court for a possession order. Gather proof of ownership and evidence that no tenancy agreement exists.

Q: How can I prevent squatters from entering my vacant property?

Secure all entry points, install visible security cameras, visit regularly (weekly minimum), post no-trespassing signs, notify neighbours, maintain the exterior, and consider hiring a property manager for ongoing monitoring.

By Ontario Eviction Services Team | Updated May 29, 2026

Discovering that someone is living in your property without permission is alarming. Squatting — occupying a property without the owner's consent — is a growing concern in Ontario, particularly for owners of vacant properties. The legal remedy depends entirely on whether the person is a true squatter (trespasser), an overstaying tenant, or an unauthorized occupant placed by a tenant. Each situation requires a different legal path.

Quick Answers

Can police remove squatters? Yes, if they are trespassers with no claim to tenancy. Police may decline if the person claims to be a tenant.
Do squatters have rights? True trespassers have very limited rights. Adverse possession requires 10+ years on non-Land Titles property — extremely rare.
Which legal path? Trespassers: police/court. Unauthorized occupants: LTB (A2 application). Overstaying tenants: LTB (L1/L2).
Can I remove them myself? No. Self-help removal is illegal. Use police (for trespassers) or Sheriff (for LTB orders).
Best prevention: Secure the property, install cameras, visit weekly, post no-trespassing signs.

Squatter Situation Types and Correct Legal Remedy

Situation	Description	Legal Path	Timeline	Cost
True squatter (trespasser)	No permission, no agreement, no rent paid	Police (Trespass to Property Act) or Superior Court	Days to weeks (police); months (court)	$0 (police); $2,000-$5,000 (court)
Break-and-enter	Forced entry into property	Police (criminal charges)	Immediate (police response)	$0
Former guest refusing to leave	Had permission initially, now overstaying	Police or LTB (depends on whether rent was paid)	Days (police) to months (LTB)	Varies
Unauthorized subtenant	Placed by a tenant without consent	LTB — A2 application	6-10 months	$208 filing fee
Overstaying tenant	Tenancy ended but won't leave	LTB — L1/L2 application	4-12 months	$208 + Sheriff $400-$600
Fraudulent lease claim	Squatter produces fake lease	Superior Court possession order	2-4 months	$2,000-$5,000 (lawyer)

How to Remove True Squatters (Trespassers)

Step 1: Call the Police

If someone is occupying your property without any permission or agreement, this is trespassing under the Trespass to Property Act. Call police and bring proof of ownership (deed, tax records, mortgage documents). Police can remove trespassers immediately if the situation is clear.

Step 2: Gather Proof of Ownership

Have your proof of ownership readily available: property deed, tax records, mortgage documents, utility bills in your name, and evidence that no tenancy agreement exists.

Step 3: Seek a Court Order if Needed

If police cannot resolve the situation (often when the squatter claims tenancy), go to Superior Court for a possession order. This requires a lawyer but can be faster than the LTB for non-tenancy situations.

Adverse Possession in Ontario

Ontario does have adverse possession laws ("squatter's rights"), but they are extremely difficult to establish. Under the Real Property Limitations Act, a squatter would need continuous, open, and exclusive possession for at least 10 years on land not registered under the Land Titles system. Since most Ontario properties are now under Land Titles, adverse possession claims are exceptionally rare and almost never succeed. This should not be a major concern for property owners.

Prevention: Protecting Vacant Properties

Secure all entry points: Change locks, board windows if necessary, install deadbolts
Install security cameras: Visible cameras deter unauthorized entry
Visit regularly: Check vacant properties weekly — squatters target properties that appear abandoned
Post no-trespassing signs: Clearly visible signs establish unauthorized entry
Notify neighbours: Ask them to report suspicious activity
Maintain the property: Overgrown yards and neglected exteriors signal vacancy
Consider a property manager: Professional management ensures regular monitoring

Common Mistakes to Avoid

Self-help removal: Changing locks, removing belongings, or physically removing a squatter yourself is illegal — even if they have no right to be there.
Delayed action: The longer a squatter remains, the harder removal becomes, especially if they establish a claim to tenancy.
Not documenting ownership: Always have proof of ownership readily accessible for police and court proceedings.
Confusing the legal path: Using the LTB for a true trespasser wastes months. Using police for a tenant-landlord dispute will not work. Identify the correct path first.

If you are dealing with squatters or unauthorized occupants in Toronto, Mississauga, or anywhere in Ontario, our eviction team can help you determine the correct legal process and take action.

Frequently Asked Questions

Can I call the police to remove squatters in Ontario?

Yes, if the person is a trespasser with no claim to tenancy. Police can remove trespassers under the Trespass to Property Act. If the person claims tenancy, police will treat it as a civil matter.

What is the difference between a squatter and a tenant?

A squatter never had permission and no rent was paid. A tenant had permission (even verbal) and may have paid rent. The distinction determines whether you use criminal or civil law.

Do squatters have rights in Ontario?

True trespassers have very limited rights. Adverse possession requires 10+ years on non-Land Titles property — extremely rare in modern Ontario.

How do I remove someone who claims to be a tenant but is not?

You may need the LTB (A2 application) or Superior Court for a possession order. Gather proof of ownership and evidence that no tenancy agreement exists.

How can I prevent squatters from entering my vacant property?

Secure entries, install cameras, visit weekly, post no-trespassing signs, notify neighbours, maintain the exterior, and consider professional property management.

Sources

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