How to Evict A Tenant in Ontario
Evicting a Tenant can be a challenging and stressful process for any Landlord. Whether you’re dealing with unpaid rent, property damage, or other issues, it’s essential to understand the legal steps involved in eviction in Ontario.
In this guide by Sturino Walker Legal, we’ll walk you through everything you need to know about evicting a Tenant in Ontario.
Common Reasons for Eviction in Ontario
Before starting the eviction process, it’s crucial to have a valid reason recognized by Ontario law. Evictions generally fall into two categories: “for cause” and “no fault.”
“For Cause”
These are reasons related to the Tenant’s behavior or actions:
- Non-Payment of Rent or Frequently Late: If your Tenant consistently pays rent late or stops paying altogether, you have grounds for eviction.
- Illegal Activity on the Property: Engaging in illegal activities within the rental unit is a serious violation.
- Causing Excessive Damage to the Unit or Property: Damage beyond normal wear and tear can warrant eviction.
- Overcrowding/Too Many People in One Unit: Violating occupancy limits set by local bylaws is not allowed.
- Unreasonably Disturbing Other Tenants or Landlord: Actions that interfere with the reasonable enjoyment of the property by others.
“No Fault”
These reasons are not the Tenant’s fault but necessitate eviction:
- Personal Use by the Landlord: The Landlord or their immediate family needs to move into the unit.
- Personal Use by Purchaser: The property has been sold, and the new owner or their family intends to occupy it.
- Major Repairs or Renovations: Significant work that requires the unit to be vacant.
- Demolition of Unit or Building: Plans to demolish the rental unit or building.
Looking for More Reasons?
If you’re interested in a more comprehensive list of eviction reasons, be sure to read our detailed article on 13 Reasons to Evict Your Tenant. It covers additional scenarios that Landlords often encounter, providing deeper insights into each situation. This resource can help you fully understand your rights and make informed decisions when dealing with challenging tenants.
How to Evict in Ontario
Evicting a Tenant involves several legal steps. Missing a step can delay the process or invalidate the eviction, so it’s important to follow each one carefully.
Step 1: Reason for Eviction
First, clearly identify and document your reason for eviction. This might involve keeping records of missed payments or documenting disturbances.
Step 2: Give Tenant Written Notice
Serve the Tenant with the appropriate notice form provided by the Landlord and Tenant Board (LTB). The notice must include:
- The reason for eviction.
- The date by which the Tenant must vacate.
- Any remedies the Tenant can take to avoid eviction (if applicable).
Step 3: File Application with the Landlord Tenant Board
If the Tenant doesn’t comply, file an application with the LTB. Make sure to use the correct form and include all necessary documentation.
Step 4: Attend the Hearing
Both you and the Tenant will be notified of the hearing date. Prepare your case by organizing all evidence and, if possible, seek legal advice. At the hearing, both parties can present their side.
Step 5: Eviction Order
If the LTB rules in your favour, they will issue an eviction order specifying when the Tenant must leave.
Step 6: Enforcing the Eviction Order
If the Tenant still refuses to leave, you must take the eviction order to the Sheriff’s office. Only the Sheriff can legally remove the Tenant from the property.
Forms You’ll Need for Eviction in Ontario
Different situations require specific forms. Here are some common ones:
- N4: Notice to End a Tenancy Early for Non-payment of Rent.
- N5: Notice to End a Tenancy Early for Interfering with Others, Damage or Overcrowding.
- N12: Notice to End a Tenancy Because the Landlord, a Purchaser, or a Family Member Requires the Unit.
- N13: Notice to End a Tenancy Because the Landlord Wants to Demolish, Repair, or Convert the Rental Unit.
You can find all the necessary LTB forms on the official Landlord and Tenant Board website HERE.
How Long Does Eviction Take in Ontario?
The eviction process can be time-consuming. On average, it can take anywhere from 90 to 240 days from serving notice to the Tenant’s actual removal. Delays can occur due to:
- Tenant disputing the eviction.
- Backlogs at the LTB.
- Scheduling of the Sheriff for enforcement.
How to Evict a Tenant Immediately in Ontario
Immediate eviction is rare and typically only occurs in severe cases, such as illegal activities posing a significant risk. Even then, the legal process must be followed, which can take time.
Can You Evict Tenants During the Winter?
Yes, Landlords can evict Tenants during the winter months. However, the LTB might extend move-out dates in the event of harsh weather conditions.
Common Eviction Mistakes to Watch Out For
Avoid these common pitfalls to ensure a smooth eviction process:
- Improper Notice: Using the wrong form or not providing sufficient notice time.
- Spelling Error on Notice: Not putting down the correct address or a spelling error could void the entire application.
- Incorrect Service: Not delivering the notice properly. It must be handed to the Tenant, left in their mailbox, or delivered via approved methods.
- Taking Unauthorized Actions: Changing locks or shutting off utilities without an eviction order is illegal.
- Incomplete Documentation: Failing to provide necessary evidence can weaken your case.
Real-Life Example: The Importance of Accuracy in Eviction Notices
Let me share a real-life example to highlight the importance of attention to detail:
A Landlord named Alex needed to evict a tenant for non-payment of rent. He filled out the N4 Notice but accidentally wrote the wrong apartment number in the address section. The Landlord and Tenant Board accepted the N4 and scheduled a hearing.
At the hearing, the tenant pointed out the incorrect address on the N4 Notice. Because of this error, the LTB dismissed the eviction application. Alex had to start the entire eviction process over, which cost him additional time and money in lost rent.
Lesson Learned: Always double-check all information on official forms. Even small mistakes can lead to significant setbacks.
Avoid the Stress of Eviction with the Right Tenant
The best way to handle evictions is to prevent them. I’ve found that thorough Tenant screening can save a lot of headaches. Consider:
- Credit Checks: Verify their financial responsibility.
- Employment Verification: Ensure they have stable income.
- References: Speak with previous Landlords.
Related Articles
- 13 Reasons to Evict Your Tenant in Ontario
- Evict A Tenant for Not Paying Rent Ontario
- Landlord Legal Services Ontario
FAQs About How to Evict a Tenant in Ontario
Q1: Can a Landlord evict a Tenant without a valid reason?
A: No, Landlords must have a valid reason under the Residential Tenancies Act to evict a Tenant.
Q2: How much notice is required for eviction?
A: It depends on the reason. For non-payment of rent, it’s usually 14 days. Other reasons can require 60 to 120 days.
Q3: Can I change the locks if the Tenant doesn’t leave?
A: No, only the Sheriff can enforce an eviction order. Changing locks without authorization is illegal.
Q4: What if the Tenant damages my property?
A: You can serve a notice for damage and, if necessary, apply to the LTB for eviction and compensation.
Q5: How can Sturino Walker Legal assist me with eviction?
A: Our experienced legal team can guide you through the eviction process, ensuring all legal requirements are met for a successful outcome.
Q6: Can you help with evicting a sublet Tenant?
A: Absolutely. We can advise on the specific procedures for evicting sub-Tenants under Ontario law.
Q7: How do I deal with a bad Tenant who refuses to pay or leave?
A: We can help you navigate the legal process to enforce your rights as a Landlord, including representing you at LTB hearings.
How Long to Evict Tenant Ontario
As mentioned, the entire eviction process can take several months, typically between 90 and 240 days, depending on various factors such as LTB scheduling and Tenant compliance.
How to Evict Commercial Tenant Ontario
Evicting a commercial Tenant involves different laws and procedures:
- Review the commercial lease agreement for specific terms.
- Serve proper notice as per the lease and the Commercial Tenancies Act.
- If necessary, re-enter the property peaceably or seek a court order
It’s advisable to consult with a legal professional experienced in commercial evictions. We do not handle commercial evictions, but would be happy to put you in contact with someone that can.
How to Evict Sublet Tenant Ontario
For sublet situations:
- The original Tenant (sublessor) is responsible for the subtenant.
- The Landlord must work with the original Tenant to address issues.
- Legal action may be necessary if the subtenant refuses to leave.
How to Evict Bad Tenant Ontario
Dealing with a problematic Tenant requires:
- Documenting all issues meticulously.
- Following the legal eviction process precisely.
- Seeking legal assistance to ensure compliance with all regulations.
About Sturino Walker Legal
At Sturino Walker Legal, we are a dedicated team of licensed paralegals committed to assisting landlords across Ontario. We specialize in landlord and tenant law, providing personalized and professional services to help you navigate complex legal processes.
Why Choose Us?
- Expertise in Landlord Tenant Law: With extensive experience, we understand the nuances of the Residential Tenancies Act.
- Personalized Service: We offer tailored advice and strategies based on your unique situation.
- Professional Representation: We represent landlords at LTB hearings to help achieve the best possible outcome.
Landlords: Protect Your Property—Book a Free Consultation Now
Are you facing challenges with tenant eviction, lease violations, or rent arrears? Our legal team specializes in representing Landlords before the Landlord and Tenant Board. We are committed to safeguarding your property rights and ensuring a smooth legal process. Contact us today for a free consultation to discuss how we can help you effectively manage your landlord-tenant concerns.