No. Security guards are not legally permitted to physically remove tenants and their belongings.

What is the law?

The Ontario Residential Tenancies Act (RTA) and Commercial Tenancies Act (CTA) are the primary Acts governing landlord-tenant relationships in residential and commercial settings. These Acts ensure that tenants’ rights are protected, and they outline the proper legal processes for eviction.

Residential Tenancies Act (RTA): This Act governs rental agreements and evictions in residential properties. It outlines the rights and responsibilities of both landlords and tenants. Under the RTA, a tenant can only be evicted through a legal process, typically involving the Landlord and Tenant Board (LTB). Security guards do not have the authority to enforce evictions.

Commercial Tenancies Act (CTA): Similar to the RTA, the CTA governs the relationship between landlords and tenants in commercial properties. The Act specifies that commercial tenants cannot be forcibly removed without a court order. Security guards are also prohibited from evicting tenants under this Act.

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Common situations and legal implications 

1. Non-payment of rent in residential properties:

Scenario: A landlord rents a residential property to a tenant on a short-term or long-term basis, and the tenant stops paying rent.

Implications: The landlord must follow the eviction process outlined in the Residential Tenancies Act. This includes serving the appropriate notices and potentially applying to the Landlord and Tenant Board for an eviction order. Security guards cannot intervene in this process.

2. Non-payment of rent in commercial properties:

Scenario: A corporation owns an office building and rents it to a tenant who fails to pay rent.

Implications: Despite the non-payment, security guards cannot forcibly remove the tenant. The tenant remains in legal possession of the property until a formal eviction process is completed through the appropriate legal channels. If security guards attempt to remove the tenant, they could face charges of trespassing and legal repercussions.

3. Violation of lease terms in residential properties:

Scenario: A tenant violates the lease terms, such as causing significant damage to the property or engaging in illegal activities.

Implications: The landlord must document the violations and serve the tenant with a notice of eviction. If the tenant does not comply, the landlord must apply to the Landlord and Tenant Board for a hearing and obtain an eviction order. Security guards cannot enforce the eviction.

4. Holding over after lease expiry in commercial properties:

Scenario: A tenant continues to occupy the commercial property after the lease has expired without the landlord’s consent.

Implications: The landlord must apply for a court order to remove the tenant. Security guards do not have the legal authority to force the tenant out without such an order.

What is the proper process to evict a tenant?

2. Serve notice: The landlord must serve the tenant with a notice of eviction, specifying the reason and providing a period for the tenant to remedy the situation or vacate the property.
3. Apply to the Landlord and Tenant Board: If the tenant does not comply with the notice, the landlord must apply to the LTB for a hearing and obtain an eviction order.
4. Enforcement of the Eviction Order: Once the LTB issues an eviction order, it is typically enforced by court enforcement officers (commonly known as bailiffs) who have the legal authority to remove the tenant and their belongings from the property.

Additional considerations

Legal advice: Landlords should seek legal advice to ensure they are following the correct procedures and to avoid potential legal issues. Lawyers specializing in landlord-tenant law can provide guidance and representation.

Tenant rights: Tenants have the right to contest evictions through the LTB. They can present their case and provide evidence to dispute the landlord’s claims.

Role of security guards: Security guards can assist in maintaining order and safety during the eviction process but cannot participate in the physical removal of tenants. Their role is to prevent disturbances and ensure the process is carried out smoothly under the direction of legal authorities.

Landlords cannot legally hire security guards to evict tenants, whether in residential or commercial properties. Evictions must follow the legal processes outlined in the legislation. Security guards can assist in maintaining safety and security but cannot enforce evictions. Landlords must adhere to the legal procedures to avoid potential legal issues and ensure the rights of both parties are respected. View Landlord and Tenant Law Answers for more information on the eviction process.

For help

For more detailed information and guidance, landlords should consult legal professionals or the appropriate regulatory bodies. Understanding and following the legal framework is essential for maintaining a fair and lawful property management practice.

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