I don't know about other provinces but in ON a landlord has the full right not only to throw him out but also the landlord is entitled to compensation. The OP has no proof at all that he legally occupied this apartment. He's not paying rent, hi's not paying any utilities under his name (!), no lease agreement, NOTHING!WontonTiger wrote: ↑You do not know of what you speak. Yet you keep posting stupidity. If the resident could prove they were paying utilities, the police would just laugh at you, and tell you to contact your local tribunal.
For the record, I'm only supporting due process. You can't just evict the person, even if you were unaware they were there. You have to go through the process first.
According to the RTA:
103. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by an unauthorized occupant of the unit. 2006, c. 17, s. 103 (1).
(2) A landlord does not create a tenancy with an unauthorized occupant of a rental unit by accepting compensation for the use and occupation of the rental unit, unless the landlord and unauthorized occupant agree otherwise. 2006, c. 17, s. 103 (2).
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. 2006, c. 17, s. 100 (1).
PLEASE note: In a situation of "unauthorized occupancy" the landlord may apply to the Board for orders terminating and evicting the tenant (who allowed the authorized occupancy), and evicting the "unauthorized occupants". But if the tenant has left already, because the "unauthorized occupant" is not a tenant, there is no need to "terminate" him as well (!). Anyone who may reside in the Rented Premises from time to time as a guest or invitee of the Tenant, unless written permission is granted by the Landlord and such person is added to the Lease, shall not be a Tenant and is not entitled to any form of notice required by this Lease or the Residential Tenancies Act (!).
And, yes, the landlord can call police immediately, and the OP will be given usually 24 hours to leave, or to prove he has the rights to occupy this apartment. Moreover, the landlord could collect the OP info, and bring him to court later.