Eviction Ontario is regulated by the Residential Tenancies Act. Please click on the link and read its parts about how to evict tenant. You don’t need much time to see that eviction rules are complex and highly technical. The legislation is specifically designed to provide tenants with as much protection as possible, even in cases where there appears to be a valid reason for eviction.
Spectrum Paralegal’s decades-long experience in eviction matters indicates that an unrepresented landlord has approximately an 80% chance that the Landlord and Tenant Board will dismiss the eviction case. This typically occurs due to technical errors 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 when you evict tenant:
1. The first step in eviction is choosing the correct reason to evict 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.
A landlord must first give the tenant an eviction notice in almost all eviction cases. An eviction notice is a highly technical document in the form approved by the Landlord and Tenant Board. 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 result in the 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 present any evidence or argument in defence 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 landlords identify and prepare relevant evidence for hearings.
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 advantage of opportunities to achieve a desired result during the hearing is an essential skill that 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.
