13 Reasons to Evict Your Tenant in Ontario
Not all tenancies can come to an end peacefully. Sometimes a Landlord needs to take action and evict a tenant.
This article will provide you with the top 13 reasons to evict your Tenant in Ontario, how long that process will take, and what the cost will be to the Landlord.
Can You Evict a Tenant in Ontario?
Yes. You most certainly can evict a Tenant in Ontario, but you must have a valid reason to do so. The Residential Tenancies Act sets out the legal reasons to evict your Tenant in Ontario. A Landlord’s first step is to give the Tenant written notice that they are being evicted. Listed below are the top 13 reasons to evict your Tenant in Ontario.
Reasons to Evict Your Tenant in Ontario
1. Non-Payment of Rent
One of the most common reasons to evict a Tenant in Ontario is when the Tenant does not pay rent. If the Tenant fails to pay the full amount of rent when it is due, the Landlord has a valid reason to evict their Tenant.
2. Not Paying the Rent in Full
A Tenant has to pay the full amount of rent when it is due. If the Tenant does not pay the total amount, the Landlord can start the eviction process and kick out the Tenant.
3. Persistent Late Payment of Rent
If a Tenant is paying rent but is continuously paying it late, this could be a reason to evict your Tenant in Ontario. For example, your Tenant continuously pays rent on the 8th, but rent is due on the first of each month. The Tenant must pay rent on or before the first of each mont. If this type of behaviour has been occurring for several months, you can start the eviction process.
4. Causing Damage to the Rental Property
A Landlord has the right to evict a Tenant that has willfully or negligently caused undue damage to the rental unit or complex. In laymen’s terms, the Tenant has deliberately caused damage to the rental unit or complex by not being careful enough.
5. Illegal Activity
If a Tenant committed or is committing an illegal act in the rental unit or complex, this is grounds to evict a Tenant. Evicting a Tenant for illegal activity also applies if the Tenant allowed another person to do this in the rental unit or complex.
6. Impairing the Safety of Others
The safety of others in the rental complex is paramount. If a Tenant has impaired the safety of another person in the rental complex they can be evicted.
7. Interfering with Reasonable Enjoyment of Other Tenants or the Landlord
The Landlord or another Tenant have the right to reasonably enjoy the rental complex or unit. If a tenant continuously impacts this enjoyment in a negative matter, or interferes with the lawful rights, privileges, or interests of the Landlord or another Tenant, they can be evicted.
8. Allowing Too Many People to Live in the Rental Unit (“Overcrowding”)
You can evict a Tenant, if the number of people living in the rental unit is more than what the local by-laws permit. The Tenant will be given seven (7) days to fix the overcrowding to ensure they comply with all health, safety, and housing standards.
9. Unauthorized Occupant
The Landlord has the right to evict the Tenant and the unauthorized occupant from the rental unit if the Tenant assigned or sublet the rental unit to another person without the consent of the Landlord.
10. Personal Use by Purchaser
The Landlord decided they wish to sell the home and have entered into an agreement of purchase and sale with the buyer. If the purchaser wants to move into the rental unit, the Landlord has the right to bring an application to evict the Tenant.
11. Personal Use by the Landlord
You can evict a Tenant, if you, as the Landlord, require possession of the rental unit for your personal use. Furthermore, you can evict a Tenant if the Landlord requires possession of the rental unit for their child, their parents, their spouse’s parents, or a person who provides care services for any of these people. When one of the individuals above moves into the rental unit, they must live there for a minimum of one year.
12. Conduct Major Repairs or Renovations
If a Landlord needs to complete major renovations or repairs that require a building permit and the unit be vacant during the work, you can evict a Tenant. That being said, a Tenant has the right to move back into the rental unit, once the repairs or renovations are complete, if they give written notice to the Landlord before vacating the unit.
13. Demolish the Rental Unit or Home
The Landlord may have decided that they want to demolish the home or rental unit. This is another valid reason to evict a Tenant in Ontario.
How Long Does It Take to Evict a Tenant in Ontario?
It takes approximately 131 days to evict a Tenant in Ontario. This information is based on the average wait period we see for most of our clients.
Below is a break down of the 131 days.
- Wait Period for the Eviction Form Notice: 14 days, file on the 15th day = 15 Days
- Wait Period for a Court Date: 60 to 90 days = 75 Days Average
- Eviction Order Wait Period: 11 Days
- Sheriff Wait Period: 21 to 45 Days = 30 Days Average
Please note: This is only an approximation; some applications may take longer or less time to evict a Tenant in Ontario.
Can You Evict a Tenant in the Winter in Ontario?
Yes. There is nothing stopping a Landlord from evicting their Tenant during the winter in Ontario. The Landlord Tenant Board may allow some leniency to the Tenant by prolonging the termination date. Yet, an eviction order will be granted in the winter.
How Much Does It Cost to Evict a Tenant in Ontario?
There are two main things that you need to consider when determining how much you will need to spend. The first cost the Landlord will incur is the Landlord Tenant Board filing fees, and the second is Legal Fees if the Landlord wants to hire legal representation.
There are two different filing fees that Landlords can be charged. If a Landlord files an eviction application in person, the cost is $190.00. If the Landlord files the eviction application online, the price is slightly lower at $175.00. We recommend submitting your application online because the automated system should provide you with a court date right away.
The second cost that a Landlord may incur is Legal Fees. Hiring a legal representative is always a wise choice as they are knowledgeable of the daily procedures on how the Landlord Tenant Board operates. Furthermore, they know the requirements to successfully evict your Tenant in Ontario. Legal fees will vary depending on the scope of the matter. For a free consultation with our firm, click HERE.
Eviction Notice Ontario Form
Every Tenant eviction has to start with an Eviction Form. Eviction forms explain to the Tenant what they have done wrong and how to fix the problem, if they choose to continue with their tenancy. Also, these forms explain to the Tenant how to end the lease, if they decide to do so.
Landlord and Tenant Board Contact Information
For more information regarding how to contact the Landlord and Tenant Board, please see below.
- Website: www.sjto.gov.on.ca/ltb/
- Phone: 416-645-8080 or Toll-Free 1-888-332-3234
- In Person: You can attend the Landlord Tenant Board in person to seek answers to your questions. Their locations can be found on their website HERE.
Landlord Legal Services
Sturino Walker Legal Services is proud to say we are fighting for Landlord’s rights! We know what needs to be done to ensure that your Tenant is evicted successfully.
Our article Landlord Legal Services in Ontario will help to explain why you should consider hiring legal representation. If you would like to discuss your matter immediately, please call our office and one of our representatives would be glad to assist your.