Every landlord wants his or her property to remain in good condition throughout the tenancy. From this perspective, the tenant’s obligation to not damage the rental unit is of the same importance as paying rent.  The Residential Tenancies Act (the Act) sets out that a landlord can evict a tenant in case he or she has damaged a rental unit. At the same time, the Act regulates when and how a landlord can evict the tenant based on this ground.

The kind of damages you can evict the tenant for

First of all, you can’t evict your tenant for any damage. The damage must be excessive. A landlord cannot evict the tenant for normal wear and tear. For example, the landlord probably can’t blame the tenant for a crack in a 25-year-old kitchen counter. However, if the tenant has a heated argument with his/her spouse and broke the window glass to reinforce his/her position, the landlord may react accordingly.

What to do when you find out your tenant damaged your property

If the landlord discovers excessive damage to the rental unit, s/he should give the tenant the appropriate eviction notice. This notice of termination must include a precise description of the damage and request the tenant to fix or replace the damaged property. The eviction notice gives the tenant at least 20 days to comply or vacate the premises. If the tenant complies, the matter is over. The landlord can proceed with eviction, if s/he does not, .

If your tenant damages your property again

If, within 6 months after the first notice, the tenant damages the landlord’s property again, the landlord can evict the tenant based on 14- days notice. The tenant cannot fix or replace the property and stay.

Next steps: if the tenant doesn’t move out or comply with the eviction notice

If the tenant does not comply with the landlord’s request on the notice, the landlord can apply to the Landlord and Rental Board to evict the tenant. The landlord can do the same if he/she gives the second notice of termination for the same reason within 6 months. In the same application, the landlord can also request the Board to issue an order to pay for repair or replacement of the damaged property.

The eviction hearing

Once the Landlord and Tenant Board receives an eviction application, it will schedule a hearing day.  Then, the Board will issue a notice of hearing. The hearing of an application to evict for causing damages may be relatively complex. The landlord must prove the following:

• Tenant, member of his/her family or his/her guest willfully or negligently damaged the rental,
• Damage that was done, and
• Cost or repair and replacement of the damages.

In many cases proving all these points may be difficult. It is especially if the tenant claims that the landlord’s own negligence or lack of maintenance resulted in the damage. Also, the tenant may argue that the cost of repair or replacement is not reasonable.

Given the many elements of the case that the landlord must prove to get an eviction and compensation order, it is wise to obtain the help of a legal professional from the beginning. A paralegal with experience in landlord-tenant and eviction matters may help a lot. S/he will make sure that the required proof of damages and the cost of repair or replacement is properly collected and preserved. As always, a paralegal can help you properly complete all eviction notices and applications and ensure all legal requirements are met.

For a free assessment of your Toronto or GTA eviction case, please feel free to contact us.

Read our blog about other major reasons to evict your tenant.