A landlord must get an eviction order from the Landlord and Tenant Board to get the tenant out. Fast tenant eviction is essential. Therefore, the faster the Board hears the landlord’s eviction application, the quicker the tenant is evicted.
The current time from filing an eviction application to the hearing is about six to eight months in Toronto and GTA. It may be a little shorter in other areas of the province.
We must emphasize that this information is valid on the day when this post is written, December 1, 2022. The actual waiting time depends on the backlog of cases and other factors. It is constantly changing.
Can a landlord expedite the eviction hearing and get a fast tenant eviction?
The Board’s Rules of Procedure allow a landlord to apply with a request to shorten the waiting time for the hearing. This request must be in writing and explain why the landlord needs the eviction hearing faster than in other cases.
There may be a variety of reasons. However, we may narrow these reasons down to two basic ones:
- The tenant’s behaviour creates problems that threaten the safety, health and security of other tenants or the landlord. For example, a tenant keeps combustible materials in the rental unit or rental complex. At the same time, the tenant does not comply with the notices to remove them.
- A landlord experiences serious hardships due to the tenant’s action or omission. For example, a tenant has not paid rent in many months. As a result, the outstanding amount is significant, and the landlord cannot handle it financially.
The landlord must clearly define the reason(s) for the faster hearing. The Landlord and Tenant Board will not reduce the time before the hearing unless the landlord presents a clear and well-defined request made in good faith.
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. The paralegal can help to properly draft a request to shorten the time before the hearing and choose documentary evidence to attach to the request.
December 1, 2022