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 ongoing 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. Tenants can be evicted either because of their behaviour or if the landlord requires the unit for their use.

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

Evicting a tenant because of their behaviour

Under the Residential Tenancies Act (RTA), a landlord can evict a tenant, even if the lease has not ended, if the tenant, the tenant’s guest, or someone else who lives in the rental unit, either does something they should not do, or does not do something they should. Examples of this 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.

Also, tenants are normally responsible for their guests and children, and may be evicted for their guests’ or children’s actions.

A tenant cannot be evicted for having a roommate. But, a tenant may be evicted if the roommate is causing a problem for the landlord or for other tenants.

There is nothing in the Residential Tenancies Act which prevents a tenant from being evicted during the winter season.

“No fault” reasons for eviction

In other circumstances, the landlord may evict a tenant for other reasons, known as “no fault” evictions. There are several kinds of “no fault” eviction applications the landlord may make to the LTB:

1. Personal use by the landlord or landlord’s family

Under section 48(1) of the Residential Tenancies Act, (RTA). a landlord may evict a tenant under what is known as an “own-use” or “personal use by landlord” claim. This is where the landlord requires the unit for:

• their own use,
• the use of an immediate family member.

Tenants without a lease can be evicted if the landlord gives them 60 days’ notice that the landlord or their family requires the premises. When the tenant has a lease, however, a landlord who may want to take over the premises for their own use cannot do so before the lease has expired, or if the lease gives the tenant an option to renew, unless the Landlord and Tenant Board has issued an eviction notice.

Landlords must prove that they or someone in their family, intend to move into the unit for their own use and that they require possession for the purpose of residential occupation for at least one year

2. Personal use by a purchaser or their family

Under Section 49 of the RTA, a landlord may give notice of termination to a tenant on behalf of a purchaser of the rental unit if:

• the landlord has entered into an agreement of purchase and sale to sell a residential complex containing no more than 3 units, or a condominium unit; and
• the purchaser, in good faith, requires possession of the complex or the unit for residential occupation by the purchaser, his or her spouse, or a child or parent of one of them.

3. Personal use by a person who provides or will provide care services

Under Subsection 48(1)(d) and 49(1)(d) of the RTA a landlord may give notice of termination to a tenant when the landlord requires the unit for:

• the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex.

4. Termination for demolition/renovation/conversion

Section 50(1) of the RTA allows a landlord to serve a notice of termination to a tenant under the following three circumstances:

1. Demolition: the landlord intends to demolish the rental unit;
2. Renovation: the landlord intends to do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit; or
3. Conversion: the landlord intends to convert it to a purpose other than residential premises.

For more information on no-fault evictions in Ontario, view the Residential Tenancies Act, or visit Ontario.ca.

Landlord and Tenant Board Eviction Order

If a tenant refuses to move out after receiving an Eviction Notice from the landlord, the landlord can ask the Landlord and Tenant Board to end the tenancy by filing an application. The Board will hold a hearing to decide if the tenancy should end. Both the landlord and the tenant can attend the hearing and explain their side to a Member of the Board.

If granted, an Eviction Order from the Board will specify when the tenant must be out of the unit. If the tenant does not move out, the landlord can file the Order with the Court Enforcement Office. Only a Sheriff can enforce an Eviction Order and force tenants to leave their homes. If a landlord locks a tenant out of the rental unit without the Sheriff being present, the tenant may contact the police to help re-enter the unit.

For additional information on evictions, visit the Landlord and Tenant Board website, or view their brochure How can a landlord end a tenancy.

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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