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Ontario|Landlord & Tenant
Residential: Eviction Procedures
441 When can a landlord evict a tenant? Contrary to what many people believe, tenants can be evicted at any time of year, even if they have children, as long as the landlord has a valid legal reason for the eviction. However, most tenants who pay their rent on time and live up to their other obligations, have an on-going right to live in the rented premises without interference by the landlord. If a tenant lives in subsidized housing, there are special rules that apply, which result in the subsidized housing tenant having fewer rights than most other tenants.
If a landlord tries to evict a tenant, and the tenant disputes the eviction, the landlord will have to prove that there is a valid legal reason for the eviction in order for the tenant to be required to vacate the premises. The reasons for evicting a tenant include: non-payment of rent, continually paying rent late, significantly disturbing others in the building, damaging the property, committing an illegal act on the property, and overcrowding. Tenants are normally responsible for their guests and children, and may be evicted for their guests' or children's actions.
Even if the Ontario Rental Housing Tribunal orders the tenant to vacate the premises, only a Sheriff can force tenants to leave their homes. If a landlord locks tenants out of their homes without the Sheriff present the tenants may contact the police to help re-enter the unit.
For additional information on evictions, you can call the Ontario Rental Housing Tribunal information line. The nearest legal clinic may also provide advice and representation to tenants who are being evicted. These numbers are listed in the Blue pages of the telephone book.