As a landlord in Ontario, you will encounter several legal obligations that come with renting out property. Tenants are responsible for meeting these obligations and must be dealt with accordingly if violations occur. A tenant who fails to meet these obligations as a landlord can lead to serious consequences, including financial penalties and even criminal charges. As such, it is important that you know how to evict a tenant as a landlord. This article provides details on the process of evicting tenants in the province of Ontario. Read on to learn more about
What is the eviction process as a landlord in Ontario?
When you are a landlord in Ontario, you have the legal right to evict tenants from your rental property if they do not meet their obligations. This process typically involves filing an application for possession of the property through the Residential Tenancy Board (RTB). The RTB will hold a hearing at which point you will have the opportunity to present evidence and witnesses to make your case. If the RTB determines that there is sufficient evidence, it will order possession of the property to be given to you.
In order to evict a tenant as a landlord in Ontario, one must first file an application with the RTB for possession of the rental property. It is important that this application be filed within 30 days of when rent was last paid or before any breach of tenancy agreement has occurred.
By understanding how to evict a tenant as a landlord in Ontario, landlords can avoid legal consequences and save themselves time and money in future court proceedings. Landlords need to know how to evict tenants so that they can maintain their rental properties and avoid legal consequences. This article provides details on how to do so in Ontario, which is where most landlords operate, because it has strict regulations surrounding residential tenancies.
How to evict a tenant as a landlord in Ontario
Provincial laws for property rental in Ontario states that all landlords must provide their tenants with a written lease. This means that you should have all the necessary information about your tenant in writing. In addition to the written lease, you should also know how to evict a tenant as a landlord. A landlord may evict a tenant by going through the process of obtaining an order of possession from the court.
The first step will involve serving your notice to quit on your tenant. The notice must be served on your tenant at least 5 days before the eviction hearing. It is important that you serve it properly so that it can be contested if need be. You should check with the local courthouse or legal aid society to find out what they recommend on serving notices effectively and legally.
Once this has been completed, you will need to file an application for an order of possession and start waiting for a judge’s decision on whether or not there is enough evidence to support an eviction hearing. Once this decision has been reached, you can then proceed with the actual hearing and begin the process of evicting your tenant from your property.
The N12 Form Explained
Form N12 is a notice to end the tenancy that can be given to the tenant only if the rental property is going to be required for use by someone else such as the Landlord themselves, a new purchaser, if the house was put up for sale and successfully sold or immediate family to the Landlord.
If your tenant is on a month to month, Form N12 can be given to the tenant at any time by the landlord. Technically, it can be produced on the day after the lease has been signed. However, the termination date on the N12 must match the end of the rent period on the agreement to lease or later.
It is very important to understand that when this form is produced to the tenant from the landlord, the sixty-day notice starts at a specific time. If your tenants' rent is due on the 15th of the month, you want to make sure the N12 is produced before the 15th of the month to ensure your sixty days start for the next two rent periods. If you produce this on the 15th of the month, your sixty-day notice will start on the following month.
If the tenant disagrees with the notice or doesn't respond, the tenant does not have to move out of the rental property unless the Landlord and Tenant Board orders them to, which can take months. However, once the tenant moves out, the tenancy ends on the day they move out.
Lastly, you want to make sure you deliver Form N12 to the tenant according to the Landlord and Tenant Board rules. It is important to follow these as you may have to start the entire process over and this could cost you a month or more. The most common way to give notice to the tenant is by physically handing it to them, or placing it in their mailbox. Never deliver these by email or text.
Recent changes to the Law by Bill 184 : Form N12 Providing Compensation
on July 21, 2020, changes to Bill 184 now require that the landlord compensate the tenant for an amount equal to one-month rent by the illustrated termination date on Form N12 or offer the tenant another property that is acceptable to the tenant. If the landlord is going to pay the tenant compensation, the full amount must be paid to the tenant before the termination date listed on Form N12. Failure to pay this compensation risks the dismissal of Form N12 where the process will have to start all over from day 1. If offering another rental property, the property must be owned by the same landlord who is giving Form N12 to the tenant.
What are the Financial Requirements for Evicting a Tenant?
There are different financial requirements for evicting a tenant in the province of Ontario. First, you must be able to meet the costs of the eviction proceedings. If you can’t afford them, there are a few options available to you. You may apply for an order of possession (a court order requiring a tenant to leave) from the Landlord and Tenant Board. A landlord has six months to obtain this type of order before going to court, but if he or she doesn’t act soon enough, they will have 10 days in which to file an application with the Board. Another option is simply moving out and leaving your former tenant behind without following legal procedures at all. This is not recommended as it could lead to serious consequences for both parties.
What are the Legal Requirements for Evicting a Tenant?
As a landlord in Ontario, you must follow the Landlord and Tenant Board's rules in order to evict a tenant. You must comply with the requirements set by this board as well as obtain proper legal representation for each case. The process of evicting tenants includes:
1) Providing Notice of Termination
2) Holding a Hearing
3) Determining the Eviction Date
4) Preparing for Possession and Transferring Property
A notice to terminate the tenancy is one of the first steps that you need to take. As a landlord, you are not required to serve this notice in person, but it is best that you do so in order to ensure there are no errors in how it is executed. If a tenant fails to meet their obligations, such as paying rent or cleaning up after themselves, then a new notice should be issued according to what was agreed upon in your lease agreement. In some cases, an eviction notice can be issued without any breach by the tenant. In other instances, an eviction notice may be necessary if there has been a breach of the lease agreement that can no longer be ignored.
If your tenant doesn't show up at the hearing stage of an eviction action, then they will be deemed "absconded" and you will have won your case automatically; however, if your tenant does show up at this hearing, then you will have lost your case automatically.
Things to keep in mind before you initiate an eviction
When evicting a tenant, there are some considerations to make. For example, you should appoint an agent or lawyer to help oversee the eviction process for you. These individuals can help you avoid potential lawsuits and other legal issues that may arise.
Another thing to keep in mind is the timeframe in which the eviction process will take place. In Ontario, it is up to 30 days before an eviction can be completed. If tenants do not leave after this period of time, they will face criminal charges under Section 487(1) of the Landlord and Tenant Act.
Can I terminate my tenancy without giving notice?
Yes, landlords are empowered to terminate a tenancy without giving notice. However, the Landlord and Tenant Board (LTB) also allows tenants to apply for Orders of Possession on some occasions. To terminate the tenancy and avoid being penalized by the LTB, you should proceed with caution.
Bottom line
It is important that you know how to evict a tenant as a landlord. This article provides details on the process of evicting tenants in the province of Ontario. Read on to learn more about the process.
The importance of understanding the process of evicting tenants in Ontario
When renting out property, it is important that landlords understand their rights and obligations. The following article will provide some details on how to evict tenants in Ontario, including how to serve notices and what can happen if they do not comply with your notices.
