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In order to evict this person, you would first have to get a determination on whether he would be considered a tenant. There is an application that can be filed with the Landlord and Tenant Board for the Board to determine whether this would be considered a tenancy under the Residential Tenancies Act. The application you would file is the Application to Determine Whether the Act Applies (Form A1).

Even though this person is not the tenant, you still need to obtain an Order from the Landlord and Board to evict her. You need to file an A2 application with the Landlord and Tenant Board based on an unauthorized occupancy.

If your tenant has moved out and left someone else living there who refuses to leave, you will have to file an A2 application with the Landlord and Tenant Board based on unauthorized occupancy.

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