Mammoth Resource Page: 61 Key (Google) Questions Answered on ‘Evicting a Tenant in Ontario’

Evicting a Tenant in Ontario

Disclaimer: This page contains general information sourced from different internet resources and government websites. Information is not intended to be used as legal advice for a specific legal problem.

This is a compilation of the most asked questions by landlords on the topic of ‘Evicting a Tenant in Ontario’. Most of these queries are taken from Google search. The answers to these questions are in a concise form. I have provided the links for further guidance wherever it’s necessary.

Some of the questions are supposedly asked by the tenant, but they are important from a landlord’s point of view as well, so have been included.

Also included are similar questions with the same answer. You may find these questions too similar and boring. But remember, someone is searching for an answer to that question on Google!

If you have any further questions, please leave a comment in the section below. I’ll try to add that question with its answer ASAP. Thank you in advance!

1. How does a landlord evict a tenant?

2. What is the legal way to evict a tenant?
3. The proper way to evict a tenant 
4. How easy is it to evict a tenant?
5. What are the steps to evict a tenant
6. How to get a tenant out?
7. How to get someone evicted?
8. How to evict a renter?
9. How to legally evict a tenant?
10. How to remove tenants from rental property?
11. How to evict a non paying tenant?
12. How to get an eviction order?
13. How to get a court order to evict tenant

The eviction process starts with the landlord giving notice of eviction to the tenant.

In Ontario, landlords and tenants have to use standards forms (available on the Landlord and Tenant Board Website) to give notices to each other.

Here is how the procedure goes:

  • Giving a written notice: The landlord gives notice to the tenant — using the standard form. This form stipulates the reason for eviction and the notice period. The notice would become null and void if the tenant responds positively and the reason is rectified within the notice period. Otherwise, the landlord can take further action.
  • Requesting a hearing: The further action involves filing an application and request a hearing at the office of Landlord and Tenant Board. Click here to find the location of the Board office in your area. Applications and supporting documents may be filed using LTB e-File, in person, by mail, or by fax at any of the LTB office locations, or at one of the ServiceOntario Centres that accept applications on behalf of the LTB.
  • Serving the notice to your tenant: The board will either mail the notice of hearing to you and your tenant or order you to serve it to your tenant. There are specific guidelines in the notice on how to serve, which have to be strictly followed.
  • Attend the hearing and get the order: You and the tenant will be given an option of mediation by the LTB at the hearing. If either party refuses the offer of mediation, the hearing will take place. Based on the presentation and evidence provided by both parties, the judge will make the decision and issue an order. If one party is absent, the LTB will proceed with the hearing and make the decision based on the evidence presented.
  • Execution of the eviction order: If the eviction order is issued, the order stipulates specific instructions on how the eviction will take place. For example, if the tenant does not move out – even if the order specifies – the landlord can’t physically remove the tenant. The landlord has to request the sheriff’s help. That may incur an additional cost and further delays.

14. What are the reasons a landlord can evict a tenant?

15. On what grounds a landlord can evict a tenant?
16. How a landlord can end a tenancy in Ontario ?
17. Reasons, a landlord can apply to evict a tenant.

These are the 11 reasons for a landlord to evict a tenant in Ontario.

  • Non-payment of full or part of the rent
  • Persistently late payment of the rent
  • Disturbing other tenants in the rental property
  • Illegal activities within the rental place
  • Damaging the property
  • Breaking the lease conditions (for example, smoking inside the house)
  • Affecting the safety of other tenants
  • Overcrowding
  • Landlord’s own use ( landlord or an immediate family member or caregiver of the landlord is allowed)
  • Selling the property (if the tenant asks, a landlord has to provide proof of sale like agreement of sale without any conditions) to the buyer who needs it for own use. ** the buyer can’t buy with vacant possession and then install new tenants with higher rents
  • Major repairs, which requires vacant possession. Once the renovation is done, the tenant has the first right of refusal.

18. How to evict a tenant immediately?

19. Can a tenant be evicted in 3 days?
20. Can a landlord evict a tenant in one week?

There is no specific way stipulated in the Residential Tenancy Law that can expedite the eviction process in Ontario. The tenant can only be evicted by following a proper legal procedure which takes time depending upon the numbers (or queue) of applications in your area’s Landlord and Tenant Board Office.

From experience, I can say it may take approximately  2-3 months to evict the tenant from the day you make an application to the Board in Toronto. It may take lesser time in a smaller town like Barrie or Lindsay.

The prudent approach is to follow the legal procedural steps diligently and keep your focus on saving the time by not making mistakes (like a miscalculation of the days on notice N4) while the long process of eviction takes place. If you don’t receive rent at the agreed upon date, you should give the notice the next day, unless you have a long term tenant with a good record of rent payment.

21. How long can a tenant stay in a house without paying rent?

A tenant can stay without paying rent as long as a landlord would allow him to stay and doesn’t evict.

22. How long after non-payment of rent can you be evicted?

23. How to evict a tenant for nonpayment of rent?

How long does it take to evict a tenant in Ontario?

Here is an approximate estimate of the time involved in each step of the eviction process.

Stage 1: Delivering a notice N4- Non-payment of rent

  • Notice period: 14 days
  • To account for mail: 5 day
  • Total: 19 days

Stage 2: Make an application to the Landlord and Tenant Board

  • The period between the day the application is made and the hearing date: assuming 30 days
  • The period between the hearing date and the eviction order date*: 30 days
  • Total: 75 days

Stage 3 (final stage): Requesting the sheriff’s office for eviction

  • The period between the order date* and the day the sheriff will evict the tenant: 15 days

Total of all stages: 19+75+15 = Approximately 3 months

24. What happens if a tenant refuses to leave?

The landlord can not ask a tenant to leave or vacate (even for a valid legal reason like non-payment of rent). If there is a valid legal reason, a landlord can start the eviction process by giving the eviction notice.

If the tenant refuses to leave even after receiving an eviction order from the Landlord and Tenant Board, the landlord has to request help from the sheriff’s office, who will physically evict the tenant following the direction of the order.

25. How much notice do you have to give a tenant to move out?

The initial notice period is different based on circumstance. Please refer to forms and instructions for the exact guidelines.

For examples,

  • The notice period for non-payment of rent: 14 days
  • The notice period for interfering with other tenants: 20 days

26. Can a landlord evict a tenant if there is no lease?

27. How to evict a tenant without a rental agreement?

In Ontario, the tenant has all the protection of the Residential Tenancy Act even if there is no written lease. So the rights of the tenant –  and the eviction procedure – remain the same in both cases, whether you have a written lease or an oral or implied agreement.

28. Can a landlord evict you in a month-to-month lease?

The eviction procedure remains the same, whether there is a fixed term lease or a month to month lease. The advantage of a month-to-month lease is for the tenant. The tenant can give 60-days notice to the landlord and move out.

29. Do month-to-month tenants have rights?

The Residential Tenancy Act. of Ontario gives the same right to the tenant with a fixed term lease and a month-to-month lease.

30. How to evict a tenant without going to court?

31. How to get rid of tenants without eviction?
32. How to get a tenant out without eviction?
33. How to get rid of tenants without going to court?

Negotiation. If you have a dispute with the tenant, the only way (other than the legal eviction process) is to negotiate with the tenant and part ways on mutually agreed terms.

34. How much time does a tenant have to move out of a house in Ontario?

In my 10 years of experience as a landlord, I have observed most tenants know in their gut what is coming. So as the hearing date approaches, and if the tenant does not have a defendable case, he/she is going to be prepared to move out. Some tenants are smart enough to exploit the full protection the Residential Tenancy act provides to them. They’ll wait till the end for the intimation from the sheriff’s office to reach them. At which point they’d move out because they know there is no other option left.

35. How long can a tenant have a guest in Ontario?

The only condition that prevents a tenant from having a guest on the premises is ‘overcrowding.’ If a tenant is not overcrowding, there is nothing in the Residential Tenancy Act that prevents a tenant from inviting a guest as long as he or she wishes. There may be some restriction if the utility is included in the rent which warrants legal advice. Click here for further reading.

36. How much notice to give to the landlord in Ontario ?

If you (a tenant) are in a fixed-term tenancy, you can’t come out of the tenancy before the end of the term. If you want to move out of the house at the end of the term, you should give the notice to vacate 60-days before the last day of the term. The same 60-days rule will apply in the month-to-month tenancy.

37. How to file a complaint against a landlord in Ontario?

38. How to obtain an eviction notice ?
http://www.sjto.gov.on.ca/ltb/
Landlord and Tenant Board Website

In Ontario, a landlord and a tenant can give notice and file complaints against each other using standard forms available at the LTB website. The complaints can be filed for the hearing by using LTB e-File online, in person, by mail, or by fax at any of the LTB’s office locations, or at one of the ServiceOntario Centres that accept applications on behalf of the LTB.

39. Can a landlord refuse pets in Ontario?

To answer this question, I’d have to rephrase it.

Can a landlord refuse to rent to you because you have a pet?

Yes. A landlord is allowed to ask if you have a pet when you are about to move in and can refuse your application for that reason. However, if you adopt a pet while already in the tenancy, a landlord can’t evict you just for having a pet. But If your pet,

  • interferes with the enjoyment of others ( like barking continuously)
  • is dangerous for other tenants or the landlord
  • causes severe allergic reactions to others
  • causes damage to the property

you can be evicted. Meaning if you are evicted for any of the reasons above, it’s not because of the ownership of the pet.

Many landlords have the tenant sign a ‘no pets’ clause in the lease agreement. That clause is null and void it has no bearing in Ontario. If you bring a pet into the tenancy even if you have signed ‘no pets’ clause in the lease, the landlord can’t evict you because you have a pet now.

40. Can a landlord refuse a pet in a condo apartment?

If a condo corporation’s declaration of that apartment building prohibits pets from coming into the property, a landlord can refuse pets before you move in or while in a tenancy.

41. I see many owners of new condo properties having pets and walking around in the common areas. Are those properties not pet-restricted?

Condos, whether new or old may have a pet-restriction clause in the declaration. It’s up to the board of directors of the condominium association to enforce that restrictive clause. If there is no enforcement mechanism, owners enjoy keeping pets!

42. How to write an eviction notice?

In Ontario, landlords and tenants have to use standard forms available on the LTB website to give notices to each other.

43. How long does the sheriff take to evict in Ontario?

44. When will the sheriff come to evict?

This depends on how busy the sheriff’s office is in your area. Click here for all the information about Eviction by Sheriff.

45. Can I evict my tenant for no reason?

No, you can not do so as a landlord.

46. What do I need to evict a tenant?

47. Can my landlord evict me Ontario?

A landlord can evict a tenant for any of the 11 reasons mentioned in no (2) above. Once you have a valid reason, you have to follow the legal procedure stipulated in the Residential Tenancy Act. Please check no (1) above.

48. Can you evict a tenant with a child ?

Yes. Having a child has no bearing on how RTA (Residential Tenancy Act.) works. However, it has been observed that judges at LTB hearings may take a sympathetic approach when an infant child or a child with a disability is involved.

49. How to evict bad tenants ?

The RTA does not recognize a good or bad tenant. The procedure to evict a tenant remains the same. There should be a valid reason to apply for eviction and the procedure stipulated in RTA should be followed.

51. Can a landlord change locks without the tenant’s consent?

No. It is illegal to do that.

52. Can the landlord evict the tenant physically once he has an order from the Landlord and Tenant Board for eviction?

No. The landlord has to make an application to the area’s sheriff’s office to schedule an eviction. The landlord has to provide the LTB order’s detail. Click here for further reading on this topic.

53. How to evict a tenant from your home?

54. How to evict a roommate?
55. How to evict someone from your house without a lease?

When you rent out a room or a part of the house to someone and shares a kitchen and bathroom with him/her, the RTA (Residential Tenancy Act.) does not apply. In this situation, the landlord is “Licensor” and the tenant is “Licensee.”

In general, the licensee has very limited protection. Please check out this link for further reading.

57. How to serve an eviction notice?

58. How to give an eviction notice?
How to serve the notice
How to serve the notice

Whenever you serve the notice to the tenant, you have to fill out a form which is called “the certificate of service”. It is to keep a record of how and when the landlord has served the notice. I have taken a screenshot of the certificate of service to display your options to serve the notice.

59. How to stop the eviction process ?

Negotiations are the recourse to avoid eviction if the landlord has not asked for the hearing yet. if the hearing date is already scheduled, mediation will be offered before the LTB hearing. That is your chance to stop the eviction. If either party refuses to accept the mediation, the hearing takes place. If both parties accept the mediation and reach an agreement, both have to comply with the conditions of the agreement. If any party breaks the condition, the other party can go to the LTB again to obtain an ‘ex parte order’ against the other party.

60. Can sheriff evict the tenant in the middle of the winter season?

Yes. There is no restriction in the RTA when a tenant can be evicted following the LTB eviction order.

61. How can I evict a tenant for paying rent late every month?

LTB form 8
Screenshot from LTB form 8

You should use form number 8. You have to provide detailed evidence to prove your claim of late payment of rent on a persistent basis.

Additional Resources

https://landlordselfhelp.com/: Landlord’s Self-Help Centre is the only community clinic funded by Legal Aid Ontario that provides services exclusively to small-scale landlords across Ontario. LSHC is mandated to educate members of the community in landlord and tenant relations.

https://stepstojustice.ca/: Steps to Justice gives reliable and practical information on common legal problems. Many leading justice sector organizations are partners contributing to Steps to Justice, including the Ministry of the Attorney General, Legal Aid Ontario, community legal clinics, the Law Society of Ontario, the Superior Court of Justice, the Ontario Court of Justice, The Action Group on Access to Justice, among others

Follow the Legal Process Accurately

It is vital to recognize the importance of following the legal procedure when it comes to eviction. Equally important is understanding how to follow the legal steps methodically and accurately. For example, if you have not written postal code in the address section of your first notice to your tenant, the LTB won’t accept your eviction application, which means you have to go back again to give first notice with the full address. That, in turns, means you have added m 15 days to the eviction process.

Corroborating Proof

You should try to collect/gather corroborating proof as much as possible. For example, if you are filing a complaint against a tenant for smoking illegal substances in the apartment, you should have another tenant not only confirming with you, but he should be ready to come to the LTB hearing to testify. Without this kind of corroborating proof, it’s difficult to obtain a resolute judgement against the tenant.

Avoiding the Eviction

Even if you have followed all the steps correctly, the process takes more than 2 months. As soon as your tenant realizes you are determined to evict, he/she might stop paying the rent, which means you end up losing rent. Because of these reasons, it’s important to do your job meticulously from the beginning. Find a good tenant. Maintain professional relations. If there are issues, try to resolve with negotiation. Eviction should be your last recourse.

I hope the information on this resource page is helpful to you. Please ask questions, if you have any, in the comment section below.

Good Luck!

 

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