Landlord and tenant disputes can arise for multiple reasons. When those reasons turn into a need for an eviction, things can become complicated.
As a landlord, you have a rigorous process that you must follow to evict a tenant; regardless of how awful they may be.
While you do have rights, so does the tenant. The Landlord and Tenant Board oversees matters of eviction and will ensure no one’s rights are violated.
Despite the presence of the Landlord and Tenant Board in these matters, it is important that you consult landlord lawyers in the event you need to evict a tenant. A good lawyer can ensure that the tenant is not given preference during the eviction process and that you present your evidence clearly so that you can justify your reasons for eviction.
1. Know The Reasons That Allow You To Evict (And Those That Don’t)
If you wish to end a tenancy, you must have good cause. This reason must be listed in the Residential Tenancies Act, 2006 to qualify for an eviction process from the Landlord and Tenant Board.
Acceptable Reasons To Evict A Tenant:
- Non-payment of rent
- Mispresenting income on their application
- Illegal activity
- Damage to the unit or complex
- Disturbing tenants or landlord
- Activity that has become a safety hazard to landlord or other tenants
- Too many people occupying the unit
Also, if the tenant is using the private residence for business and you have not authorized such, you may be able to evict for unauthorized use.
2. Give Adequate Notice
You are required to provide the tenant with notice, and you must provide them with adequate time within that notice.
The reason for eviction determines how much notice you must provide. For example, if the safety of others has been risked, you only have to provide a ten-day notice. But, if you are evicting for past due rent, you must give a 14-day notice, according to the Community Legal Education Ontario.
3. Provide the Notice Of Termination
A Notice of Termination must be filed based on the reason for your end of the tenancy. The Landlord and Tenant Board has a list of forms based on the reason for eviction (i.e. non-payment of rent, end of the term, and illegal acts).
For your notice to be valid, it must also be served to the tenant.
There are strict rules for how legal documents can be served and the Landlord and Tenant Board requires you to follow these procedures to qualify for a hearing.
4. Understand The Process And How Long It Takes
The process of eviction is not a quick one.
Even after the appropriate notice has been given to the tenant, they have a specific timeframe to respond or take action. Once that time has passed, you must then apply for a hearing. The hearing can take an average of 30 days to schedule.
5. Consult Landlord Dispute Lawyers Before Filing Anything
Evicting a nightmare tenant is a long, confusing process.
However, it is not impossible to evict a bad tenant from your property.
To expedite the eviction process and make it go smoothly, it is best to have landlord dispute lawyers handle the eviction for you.
The lawyers at Horlick Levitt Di Lella LLP can assist you with your tenant eviction. Whether for a refusal to pay overdue rent, your property has been damaged, or you have another issue with your tenant, we can help. Schedule your consultation by calling us at 416-512-7440 (extension 225) or by visiting our website to fill out an online contact form.