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How does a landlord evict a tenant?

Region: Ontario Answer # 442

Most tenants are covered by the Residential Tenancies Act, which sets out the rights and obligations of residential landlords and tenants. If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.

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 six steps that a landlord must take to evict a tenant.

 1. Give tenant written notice

First, the landlord is required to give the tenant a Notice of Termination form that states the reason for the eviction and when the landlord can start legal action at the Landlord and Tenant Board. The type of notice form and the number of days that a landlord must wait before applying to the Board will depend on the reason for eviction. Notice forms and instruction kits are available from the Board.

2. File an application with the Board

Second, after a landlord has given the tenant a notice form, and the required notice period has passed, the landlord can apply to the Board 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 Board together with an application fee. The staff at the Board office will set a date for the hearing and prepare a Notice of Hearing form while the landlord waits.

3. Deliver the Application and Notice of Hearing to the tenant

Third, the landlord must deliver a copy of both the Application and Notice of Hearing to the tenant at least five or ten calendar days before the hearing, depending on the basis for the application. For example, if the landlord is evicting the tenant because the tenant is engaged in an illegal act involving trafficking, it is five days, if the reason for the eviction is for non-payment of rent, it is ten days.

4. File a Certificate of Service with the Board

To verify that the landlord delivered the documents, they are required to fill out a Certificate of Service form and file it with the Board Office. This Certificate must be filed no later than five days after the documents were delivered to the tenant.

Mediation

In some cases, a mediator from the Board 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.

5. Attend the Hearing (remote, by phone, written)

Both parties should attend the hearing. If the landlord (or their representative) does not attend the hearing, their application may be dismissed. If the tenant (or their representative) does not attend, the Board member may make a decision in their absence.

There are two types of hearings at the LTB and the LTB decides what type of hearing to hold:

  1. A telephone or video hearing
  • the parties file any documents or materials before the hearing
  • they give evidence and explain their position by telephone or by video during the hearing

2. A written hearing

  • the parties file a written explanation of their position and supporting documents

An “accommodation” request for an in-person hearing may be made, however, in some cases, a remote hearing must first be held to argue the request.

6. Eviction Order

Lastly, if the Board allows the eviction, an Eviction Order will be issued. The Order will state when the tenant must vacate the premises. If the tenant does not leave by the date specified in the Order, the landlord will need to file the Order with the Court Enforcement Office (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 being present.

For additional information about eviction proceedings in Ontario and to obtain forms online, visit the Landlord and Tenant Board.

Help for Tenants

A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.

If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-844-888-0442 .

If you are a Tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:

  • Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
  • Help establish a positive credit history with a new rent tradeline
  • Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)

Help for Landlords & Property Managers

For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .

If you are a Landlord or Property Manager, you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:

  • Attract financially responsible applicants interested in building credit with their rent
  • Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
  • Reduce Tenant turnover and improve monthly cash flow

Get legal help

If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.


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