Eviction through the Board
Your tenant may be exemplary. However, circumstances do change and you as the landlord may require the rental unit for personal use. Of course, if the tenant refuses to move out voluntarily, you may pursue the option of terminating the tenancy through the Landlord and Tenant Board.
Grounds for eviction
In accordance with Ontario residential law, a landlord may terminate a tenancy if he or she requires the unit for personal use by:
-
- Him or herself
- His or her spouse, parent or child
- The parent or child of a spouse
- A person providing care services to one of the above individuals
Procedural steps
- To pursue an eviction on the above grounds, the first step is to deliver a properly completed notice of termination to the tenant.
- After the notice is given, the landlord can file an application with the Landlord and Tenant Board to have a hearing in the matter.
- The Board issues an eviction order after the hearing. The most important thing here is to substantiate your reasons for requiring the unit for personal use where you did not require it before. It is not enough to show that you simply want to live in the rental unit. Generally, you must, with documentary evidence and oral testimony of those concerned, show that:
-
- The person seeking to move into the rental unit has no other place to live, or
- The rental unit is substantially more convenient for the person seeking to move in, due to proximity to work, school, etc, and
- The person actually has every intention and readiness to move into the rental unit
The Landlord and Tenant Board takes applications for eviction for the above reason with fair seriousness. Making a tenant move out has serious implications on the tenant’s circumstances. Especially where the tenant contests the matter, we have had experience with hearings on similar matters run for hours.
Be prepared! Make sure you can show that moving into the rental unit is a real need, not a preference. No doubt, these matters are generally more complex than things such as non-payment of rent. For this reason, we strongly advise considering professional representation. Please feel free to contact us for a free assessment of your case.
Read more about this ground for eviction here.
