When Your Mother-in-Law Claims She’s a Tenant: How an LTB A1 Application Can Help You Reclaim Your Home

A homeowner recently asked me:

“My mother-in-law is falsely claiming she is a tenant in my home. I want her out, and she refuses to leave. What do I do?”

Sound familiar? One day someone’s “just visiting,” and the next, they’re waving the Residential Tenancies Act like it’s a magic shield. But don’t panic—there are legal ways to reclaim your space.

The LTB A1 Application: Your First Step

The A1 Application is filed with the Landlord and Tenant Board (LTB) and asks:

“Does this person actually qualify as a tenant under the Residential Tenancies Act, or are they just… overstaying their welcome?”

If the Board rules the Act does not apply, the occupant does not have tenant rights, meaning you can take further legal steps to remove them safely.

Family Members Are Tricky

Here’s the twist: if the occupant shares a kitchen or bathroom with you or your immediate family, the Act often doesn’t apply. That means your mother-in-law may not be a tenant at all—even if she insists she is.

Can You Involve the Police Before Filing an A1?

You might think, “Why wait? I’ll just call the police!” But here’s the catch:

• Police may not intervene if there’s a landlord-tenant dispute. If the occupant is considered a tenant under the RTA, the police usually cannot remove them until the LTB issues an order.

• If you call the police before filing an LTB A1 Application, they may determine the situation is a civil matter and refuse to act, leaving you frustrated.

• However, if it’s clear the person has no legal right to be there (no tenancy, sharing with family, etc.), police can remove someone for trespassing.

Bottom line: Filing an A1 first clarifies whether the RTA applies. If it doesn’t, the path to police involvement or eviction becomes much cleaner and legally safe.

Escalating Matters: Trespass and Consequences

If your relative refuses to leave after you’ve established they’re not a tenant:

• Trespassing: Ontario law allows police to remove someone who is on your property without consent.

• Avoid self-help eviction: Trying to physically remove someone yourself can lead to legal trouble.

• Consequences of inaction: Prolonged occupation, property damage disputes, and escalated family conflict.

Get Legal Guidance

Navigating family disputes in your home can be stressful. The first step is often determining whether the Residential Tenancies Act applies using an A1 application. From there, legal avenues—including possible police involvement—can ensure your home is respected.

At Apuntar Legal Services, we help homeowners:

• Determine if the RTA applies

• File an A1 application when needed

• Handle trespass or eviction matters safely and legally

Your home is your sanctuary—don’t let confusion over tenant rights turn it into a battleground.

Apuntar Legal Services – protecting your home and keeping family feuds out of court (and off your living room floor).