Who is an illegal subtenant?
An illegal subtenant is someone living in a rental unit without the landlord's permission or in breach of the lease terms. This can include guests staying long-term, people who pay rent directly to the tenant without a written sublease, or occupants added without landlord consent. Whether the occupant is a family member, friend, or paying occupant, check the lease terms to see whether subletting or additional occupants are allowed and under what conditions. If a tenant has sublet without permission, both the tenant and the unauthorized occupant may be subject to tenancy actions by the landlord.
Before you act
Confirm the facts: review the written lease, payment records, texts or messages, and any written or emailed permission the original tenant claims to have. Photograph signs of occupancy (extra possessions, locked rooms) and keep a log of dates and interactions. If you are a tenant concerned about an unauthorized occupant, speak first to your landlord in writing and request clarification about permission and expectations. If you are a landlord, follow the lease and local rules rather than attempting lockouts or self-help removals.
Required notices and common forms
Most disputes begin with a written notice. Typical documents you may need include a formal notice to vacate or notice of breach of agreement and an application to the provincial tenancy decision body to ask for an eviction order. Use the official government notice and application forms whenever possible and attach supporting evidence such as photos, payment records, and messages. See the provincial resources referenced below for the correct form names and filing instructions.[1]
When to apply to the tenancy decision-maker
If the tenant does not remove the unauthorized occupant after a proper written notice or the situation presents risks to safety or property, you can file an application with the province's residential tenancy authority. The decision-maker will schedule a hearing where both sides can present evidence. Bring originals or copies of leases, payment history, messages, and a witness list. If the tribunal grants an order, it can direct the occupant to vacate and set timelines for enforcement.
Evidence checklist
- Photos of belongings and living areas showing ongoing occupancy.
- Copies of messages, emails, or texts discussing the arrangement.
- Payment records showing who paid rent and how (bank transfers, e-transfers, cash receipts).
- Lease or sublease documents and any written permissions from the landlord or tenant.
Practical timeline
- Serve a written notice to the tenant describing the breach and requesting the unauthorized occupant leave by a clear date.
- If notice is ignored, file the official application form with the provincial tenancy body and pay any required fee.
- Attend the hearing with evidence; request an order for vacancy if the tribunal finds a breach.
- If an order is granted and ignored, apply to the appropriate enforcement office to have it enforced.
What to expect at a hearing
Hearings are typically scheduled within weeks of filing the application. Both parties can present documents and call witnesses. The decision-maker will consider the lease terms, evidence of who paid rent, and whether the landlord gave permission. Decisions often include timeframes for vacancy and may include costs or compensation. Follow any order strictly; failing to comply can delay enforcement and create new legal issues. If you are a landlord considering legal action, review guidance on proper legal steps and documents to avoid procedural errors and preserve evidence.What Landlords Should Do After Finding New Tenants: A Post-Lease Checklist
FAQ
- Can I remove an illegal subtenant myself?
- No. Changing locks, removing possessions, or physically evicting someone without an order may be illegal; you should follow written notice procedures and, if necessary, seek an order from the provincial tenancy decision-maker.
- How long does the tribunal process take?
- Timing varies, but hearings are usually scheduled within a few weeks to a couple of months after filing; urgent safety issues may move faster depending on the situation.
- What if the original tenant says they gave permission?
- Bring any written permission, messages, or other proof to the hearing; the decision-maker will weigh the evidence to determine whether permission was valid under the lease.
How-To
- Write and serve a clear written notice to the tenant describing the breach and the date by which the unauthorized occupant must leave.
- Gather evidence: photos, payment records, messages, and a copy of the lease to attach to your application.
- File the official application with the provincial residential tenancy authority using the correct form and pay any fee.[1]
- Attend the hearing, present your evidence calmly, and request a written order for vacancy if the tribunal finds a breach.
- If the order is ignored, follow the tribunal’s enforcement steps to obtain a lawful eviction.
Key Takeaways
- Always start with a written notice and use official forms when possible.
- Keep clear evidence of occupancy, payments, and communications.
- Use the provincial tenancy decision-maker rather than self-help to remove an illegal occupant.
Help and Support / Resources
- Government of Newfoundland and Labrador — Residential Tenancies and related services[1]
- Service NL — Residential Tenancies information and forms[2]
- Residential Tenancies Board — Filing and forms[3]
For help finding alternative rental units or checking listings while resolving tenancy issues, Find rental homes across Canada on Houseme.
