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EVICTION

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Don’t wait! Contact us now, Let us help you figure out your best next steps. The sooner you have a plan of action, the sooner we can provide you with the legal services that you need as a landlord to get the eviction done right. sooner is better, Act before your tenant , be one step Ahead of your Tenant

Please note that we only represent landlords.

  • Our experienced lawyer and licensed paralegal at RioLaw provide legal services for exclusively landlord.
  • Our knowledge and experience definitely end to the best possible outcome.
  • When we handle your files, we have the experience to ensure that the applicable notices and applications have been done right.
  • Put the stress of your bad tenant on our shoulders and relax. Watch the landlord-tenant board procedure or even the eviction process.

Tips for Landlords

How to Evict a Tenant In Ontario?

It’s unfortunate, but part of the business of being a landlord is dealing with tenant problems. From unpaid rent to messy homes, there’s a lot of situations that you will encounter that might be frustrating for you. But dealing with them efficiently will make your business more successful in the long run.

One situation that landlords may run into that they are unsure how to deal with is how to evict a bad tenant in Ontario. Whether they’ve broken the rules or are just overstaying their contract period, eviction is a tough situation to deal with.

Let’s review the right times to consider eviction, how to evict a tenant in Ontario, and other tips that you need to know.

Get a consultation from a lawyer or paralegal first

If you want to serve your tenants a notice, get a consultation from a lawyer or paralegal first. A lot of case are tossed out at the Landlord and Tenant Board because the landlord made one, tiny mistake on the notice for that they served to the tenant.

Reasons For Eviction Ontario

First, you need to be sure that your reasons for wanting to evict a tenant are legal. There are a variety of reasons that you may want to evict your tenant, but you have to be sure that the reason is in line with the Residential Tenancies Act.

Here are a few of the most common reasons that landlords go about evicting a tenant in Ontario: Non-payment of rent/Tenant owes rent

  • Not paying the rent in full.
  • Paying rent late.
  • Persistently paying the rent
    late.
  • Require the home in order to
    sell the property.
  • Require the home for personal use.
  • Require the home for an immediate family member.
  • Illegal Activities./Tenant caused damage and/or serious issues for either the landlord or for other tenants
  • Require the home in order to demolish the property/planning to tear down the building or repurpose it

This is not a comprehensive list of reasons that you as a landlord may want to evict a tenant. A landlord might also want to learn how to evict a bad tenant in Ontario if they break any of the clauses laid forth in the rental contract.

Gather up information about why you plan to evict before moving to the next step of the eviction process.

The Eviction Process: A Simple Guide

The eviction process can be quite complicated, so this guide will give you the broader, necessary details that you need to get a handle on the process. Once you know about this process generally, you will be able to move through each step with more confidence.

Some advice to new LANDLORD (LL)
Here’s Some advice to new LLs or prospective LLs:
1. The learning curve for LLs is steep. LLs should choose TTs VERY CAREFULLY, checking the authenticity of every document given thoroughly, calling references and taking the time needed to determine if the TT is a good fit.
2. Check an Ontario Driver’s License here https://www.dlc.rus.mto.gov.on.ca/dlc/…
How to interpret an Ontario Driver’s License:
• The picture should match the person in front of you of course.
• The last 6 digits of a driver’s license are the Y-YMMDD of the birthday.
• The MM of a female licence is 50 higher. So a man born on Jan. 1 is 0101 a female is 5101.
• The first letter of a driver’s licence is the same as the first letter of the last name.
• The year month and date of birth are under the photo.
• Drivers under 19 have an extra line that says when they turn 19.
3. Check TTs names, their previous addresses and LL names SEPARATELY on canlii.org- this will help a LL screen out TTs that have a prior history of LTB hearings and eviction orders – although the canlii.org database is not conclusive or up to date, it takes 5 minutes to check names, and addresses
4. One of the common problems with two family homes is that noise penetrates from one unit to the other and then the complaints start or the temperatures are hard to manage (too hot/too cold). LL should ensure he/she has met and surpassed the insulation requirements and sound barriers between the units.
5. Know that the LL absolutely cannot control how many people are going to be living in the units once the keys are handed over . TTs will have the legal right to have short or long term paying or non-paying guests for as long as they like WITHOUT LL permission.
6. Advisable to make utilities extra (do not make rent inclusive) and apportion them according to the RTA by the sq ft of the units or if the units are similar in size, divide the utilities equally 50% each.
7. Parking – if it makes sense, LL should designate a number to the parking spots so there is no disagreement on who gets what spot. i.e. Upper unit – Parking #1, Lower Unit – Parking #2
8. Any amenity a LL offers from Day 1 cannot be taken away unless the LL offers a rent abatement i.e. internet, backyard, garage, storage shed, laundry, etc.
9. Strongly recommend a LL makes a one time purchase of OSL addenda written by paralegals and lawyers that protect LLs above and beyond the standard lease.
In no particular order: Harry Fine, Paralegal
LPMA London Property Management Association
9. Recommend LL make TT liability insurance MANDATORY in the OSL and must receive a copy as proof of it BEFORE keys are handed over. If insurance is required, and the TTs do not have it or cancel it, this is a legal reason to file an application for eviction.
10. Review the Residential Tenancies Act thoroughly.
12. Tenants have security of tenure in Ontario. Once a LL hands over keys, the TT cannot be evicted except by order of the Landlord and Tenant Board (LTB) and for a legal reason. https://ontariolandlordandtenantlaw.blogspot.com/…/what…
13. Understanding the framework of where and how to resolve issues when they happen in the LL/TT relationship is important. Know that the LTB is the tribunal that all claims go through from both LLs and TTs and that the scheduling at the moment is about 6 months plus to get a hearing and then another month or more to get the actual written order from the LTB Member. So if things go bad, you need to have a minimum of the equivalent of a year’s worth of financial resources (in rental income) to avoid having to borrow money or extend financing. https://tribunalsontario.ca/ltb/help-for-landlords/
14. Rent increases for properties occupied as residential ON OR AFTER Nov 15 2018 are NOT rent controlled which means the LL can increase rent above the provincial guidelines every 12 months using the N2 and 90 days notice https://tribunalsontario.ca/…/N2%20instructions_final…
15. Rent increases for properties occupied as residential BEFORE Nov 15 208 ARE RENT CONTROLLED and can be increased using the N1 with 90 days notice once every 12 months. The annual max rent increase allowed is determined by the provincial government. https://tribunalsontario.ca/…/N1%20instructions_final…

Eviction Can Be Complex but its procedure is:

Step 1: Reason for Eviction

As mentioned above, you need to have a legal reason for evicting a tenant. Whatever that reason is, you need to have proof of it being an issue for you as a landlord. This information will need to be brought to the appropriate authorities for a legal eviction.

First, you need to be sure that your reasons for wanting to evict a tenant are legal. There are a variety of reasons that you may want to evict your tenant, but you have to be sure that the reason is in line with the Residential Tenancies Act.

Here are a few of the most common reasons that landlords go about evicting a tenant in Ontario: Non-payment of rent/Tenant owes rent

  • Not paying the rent in full.
  • Paying rent late.
  • Persistently paying the rent
    late.
  • Require the home in order to
    sell the property.
  • Require the home for personal use.
  • Require the home for an immediate family member.
  • Illegal Activities./Tenant caused damage and/or serious issues for either the landlord or for other tenants
  • Require the home in order to demolish the property/planning to tear down the building or repurpose it

This is not a comprehensive list of reasons that you as a landlord may want to evict a tenant. A landlord might also want to learn how to evict a bad tenant in Ontario if they break any of the clauses laid forth in the rental contract.

Gather up information about why you plan to evict before moving to the next step of the eviction process.

Step 2: Give Tenant Written Notice

In Ontario, you can use official forms to give your tenant written notice. In all but the most extreme cases, you must give your tenant written notice of your eviction before attempting to get them to leave the property.

These forms can be found on the LTB and sticking to the method laid out in them will help both you and your tenants have a clear understanding of what is happening when the eviction will occur, and any other details that must be communicated.

There are also set rules to the amount of notice that you must give your tenant. These dates are as follows:

  • Owe rent: 14 days
  • Causing damage/disturbing neighbors: 20 days
  • Drug-related issues: 10 days
  • The landlord wants to move in 60 days
  • The landlord wants to tear down the building: 120 days

As always, there is some exception to these dates depending on the specific property type. There are a lot of intricacies to the rules of eviction, but knowing this base information will help you set up the process appropriately.

bove, you need to have a legal reason for evicting a tenant. Whatever that reason is, you need to have proof of it being an issue for you as a landlord. This information will need to be brought to the appropriate authorities for a legal eviction.

Step 3: Move Up To The Board

If your tenant does not move out within the allotted time or correct the problematic behavior, it’s time for you to move your process to the Landlord and Tenant Board.

This board manages the oversight of many tenant and landlord relationship problems, so it is with them that you will want to file for eviction.

You will have to file an application for eviction with the Board. The application will explain the issue, what you want to be done about it, and other essential information. The Board will review this information and schedule a hearing if you seem to have enough reason for the eviction.

Step 4: The Hearing

Come to the hearing prepared with information about your eviction application. Bring evidence of the issue that you are having, how you have attempted to resolve the problem with the tenant, and the written notice that you gave them.

Your goal here is to prevent all important information so that everyone can make fair and clear decisions about whether or not an eviction should take place. The tenant should also come prepared with this information.

At the hearing, there will be a lot of back and forth so that the overseeing Board member can make a decision. If you or the tenant does not show up, it is likely the Board will rule in the other member’s favor.

Step 5: The Result

Depending on the nature of the reason for wanting to evict your tenant, the Board may provide a number of different solutions:

  • Approve request for eviction
  • Request you two make a payment plan for late rent and let them continue living there
  • Set up an order for you to receive payment back for damages
  • Work out communication problems between both parties

Depending on the result of your hearing, the whole process is nearly complete.

Step 6: Evicting

If the Board approves the eviction, you will need the Sheriff to evict your tenant and remove their belongings and let you change the lock. You cannot evict them yourself or hire a private company to do so.

Evicting a problematic tenant can be a long and complicated process, but working through each step methodically can help you regain control of your property. How to evict a tenant in Ontario is a relatively clear process thanks to the Board’s actions.

Thankfully, moving to give your tenant a notice of eviction is enough to solve problems or get rid of bad tenants.

To avoid needing to deal with the eviction process at all, taking extra time to find good clients is an essential task. Some property management companies can help you with the tenant screening process to ensure that you are getting the best tenants that are less likely to become tenants that would require an eviction situation.

ALSO YOU CAN CONTACT US FOR HELPING YOU IN LANDLORD AND TENANT MATTERS

The Residential Tenancies Act (RTA) applies to all Landlords and Tenants within Ontario. This includes all types of rental housing, ranging from high-rise apartments to family homes. We will handle your entire matter from start to finish, appearing in court on your behalf.
 
ATTENTION

ATTENTION

PLEASE NOTE THAT LAWS ARE SUBJECT TO CHANGE


Tenancy Legal issues would be effect your life style

in worst scenario;

  • for TENANT; they could be evicted and lose a roof on top of their head and
  • for LANDLORD they could not collect rent and pay their mortgage and / or other cost of living

for getting best possible result in Landlord and Tenant Board Tribunal retain us

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