How to evict a tenant
In Ontario, all tenant evictions are dealt with exclusively by the Landlord and Tenant Board. The Landlord and Tenant Board can issue orders to evict a tenant, to get him or her to pay overdue rent, and more.
The specific process of tenant eviction differs based on the reason for the eviction. In general, however, the eviction process is as follows:
- Formulate reasons to evict the tenant. In some cases, multiple reasons for eviction can apply to your situation. It’s important to choose and act on the one that can allow you to evict your tenant in the most efficient manner.
- Issue the appropriate Notice of Termination, informing the tenant that he or she must address the issue you are having, or move out by a certain date.
- Wait to see if the tenant corrects the problem or moves out.
- If the tenant neither addresses the issue nor moves out, file the appropriate application for eviction with the Landlord and Tenant Board.
- Prepare for and attend the eviction hearing at the Landlord and Tenant Board.
If the tenant does not move out even after an eviction order is issued by the Landlord and Tenant Board, he or she can be evicted through the Sheriff.
It is never legal to evict a tenant on your own without an order, by, for example, changing the locks or moving his or her belongings elsewhere.
Reasons to evict a tenant
There are a number of grounds to evict a tenant, and different grounds entail different approaches. If you are in one of the following situations, click below to learn more.
- Tenant hasn’t paid rent
- Tenant doesn’t pay rent on time
- Tenant is doing something illegal on the property
- Tenant has damaged the property
- I need the tenanted property for myself or a family member
- I am selling the property and the buyers don’t want tenants
- The tenant is harassing me or otherwise interfering with my life
These are some of the major reasons to evict a tenant, but there are more. Every situation is unique, and sometimes multiple reasons apply. Please feel free to contact us for an evaluation of your particular case.
Our Eviction Paralegal Services
Our tenant eviction paralegal services will be helpful to you in several ways:
- We objectively evaluate your case, making sure your grounds for tenant eviction are well-substantiated, and suggesting the reasons for eviction that you should focus on to evict the tenant as quickly as possible.
- We navigate Landlord and Tenant Board paperwork for you. The tenant eviction process is very technical, so it’s important that all paperwork is filled out correctly the first time around. Otherwise, you risk a delay in the process.
- We appear on your behalf at the eviction hearing. Unless you are a witness, your appearance at the eviction hearing may not even be required.
- We advise you how to best communicate with your tenants. Sometimes, eviction situations can get hostile. We suggest which communication should be put in writing, what to say to your tenants, how to serve tenants with documents, and how to best respond to hostile conduct.