Eviction Ontario is regulated by the Residential Tenancies Act. Please click on the link and read its parts related to the eviction. You don’t need much time to see that eviction rules are complex and highly technical. The legislation is specifically designed to give tenants as much protection as possible, even with an apparent reason for eviction.
Spectrum Paralegal’s decades-long experience in eviction matters shows that an unrepresented landlord has about an eighty percent chance the Landlord and Tenant Board dismisses the eviction case. This happens mostly because of technical mistakes in the eviction notice. Other reasons include an incorrectly chosen cause of eviction, poor evidence preparation, and insufficient knowledge of the hearing proceedings.
Let us see what an experienced paralegal can bring to the table to ensure a desirable outcome:
1. The first step in eviction is choosing the correct reason to evict a tenant.
The Residential Tenancies Act allows eviction only for a limited number of reasons, such as non-payment of rent, late rent payments, damage to the property, interference with the landlord’s legal rights and lawful interests, etc. Spectrum Paralegal can help you assess the facts and tenant’s behaviour and choose a reason for eviction with the best chance of succeeding.
2. Preparation and delivery of a correct notice is a mandatory step
in almost all eviction cases. An eviction notice is a highly technical document in the form the Landlord and Tenant Board approved. There are many such forms to use for different eviction reasons. We should note that they are not interchangeable and are very technical. A notice must include proper wording, dates, numbers, names and addresses. The tiniest mistake may lead to a dismissal of the eviction application without a hearing. Spectrum Paralegal excels in avoiding such mistakes.
3. The Landlord and Tenant Board grants an eviction order only after a hearing.
The tenant can introduce any evidence or argument against the eviction. For this reason, the landlord should come prepared with the best evidence to support the eviction application. Spectrum Paralegal has decades of experience helping a landlord identify and prepare relevant evidence for the hearing.
4. Though less formal, the Landlord and Tenant Board hearing is like a court trial.
It may include opening and closing statements, examination and cross-examination of witnesses, and submission of evidence. At the same time, the Board hearing is a fast-changing and, in many cases, confusing process. Finding and taking an opportunity to get a wanted result during the hearing is an important skill an experienced paralegal may use to the landlord’s advantage.
For these reasons, it is always a good idea to seek the professional help of a paralegal with experience in Tenant and Landlord Board matters in general and in eviction cases specifically.
