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Ontario|Landlord & TenantResidential: Eviction Procedures 442 Legal requirements to evict a tenant
- Legal reasons to evict a tenant
Under the law, a landlord must have a good legal reason to evict a tenant. This includes: if the tenant does not pay rent or frequently pays rent late, if the tenant or the tenant's guests damage the premises or disturb others tenants, or if the landlord requires the unit for their personal use. Although a landlord may have a valid reason to evict a tenant, if the tenant refuses to move, the landlord cannot evict the tenant without going through the proper legal steps.
- Proper legal steps to evicting a tenant
There are five steps that a landlord must take to evict a tenant. First, the landlord is required to give the tenant a notice form that lets the tenant know the reason for the eviction and when the landlord can start legal action at the Ontario Rental Housing Tribunal. The type of notice form and the number of days that a landlord must wait before applying to the Tribunal will depend on the reason for eviction. Notice forms and instruction kits are available at Ontario Rental Housing Tribunal offices throughout the province.
Once a landlord has given the tenant a notice form, and the required notice period has passed, the landlord can apply to the Tribunal for a hearing date. The landlord must fill out a form called an Application to Terminate a Tenancy and Evict a Tenant, and file it at the Tribunal together with an application fee of $60.00. The staff at the Tribunal office will set a date for the hearing and prepare a Notice of Hearing form while the landlord waits.
Third, the landlord must deliver the Application and Notice of Hearing to the tenant at least five calendar days before the hearing. To verify that the landlord delivered the documents, they are required to fill out a Certificate of Service form and file it with the Tribunal Office before the hearing.
In some cases, a mediator from the Tribunal may contact both the landlord and the tenant to help them resolve the issues. If the matter is not resolved through mediation, it will normally go to a hearing.
Fifth, if the tenant disputes the application within 5 days of receiving the Notice of Hearing, the landlord and tenant or their representatives will attend a hearing in front of a Tribunal member who hears both sides of the issue and makes a decision.
If a Tribunal member allows the eviction they will sign an Order which the landlord will need to give to the Sheriff's office in order for the Sheriff to evict the tenant. A landlord cannot evict a tenant or change the locks without the Sheriff present.
For additional information about eviction proceedings, you can call the Ontario Rental Housing Tribunal information line listed in the Blue pages of the telephone book, or contact a lawyer.
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