There are many reasons why a landlord may want to evict the tenant. There may be issues with the tenancy or the landlord-tenant relationship, such as unpaid rent. In other cases, the landlord initiates eviction for non-adversarial reasons. It may be the sale or major renovation of the rental property.
Whatever it is, the Residential Tenancies Act requires the landlord to give the tenant an eviction notice before any further steps to evict the tenant. Eviction notices (otherwise known as notices of termination) differ based on the reason for eviction. To this end, below are some important basics to know no matter why the landlord is looking to evict.
Read more about the reasons for eviction here.
When an eviction notice is required
The law requires an eviction notice in cases where there is no agreement to terminate the tenancy. If a landlord wants the tenant to move out and the tenant agrees, an agreement to end the tenancy is more appropriate than the eviction notice. If the tenant does not follow its terms, the landlord can enforce the agreement through the Landlord and Tenant Board.
Why an eviction notice is needed
- An eviction notice does not, by itself, secure the eviction of the tenant. It is a document that a landlord must give the tenant before filing an eviction application with the Board.
- In practical terms, this means that the tenant can move out based on the eviction notice. However, she or he has no obligation to do so. If the tenant does not move out after the notice, the landlord should file an application with the Board to get an eviction order.
- In most cases, the Board will not accept an application to evict the tenant without a copy of the eviction notice. In addition, it requires proof that the landlord has properly served it on (given to) the tenant.
Form of eviction notice
The landlord must put an eviction notice in proper form. For example, if the landlord provides a notice because the tenant has not paid rent, the landlord must use Form N4. Other eviction causes require different forms of notice. Giving the wrong notice may prevent the landlord from filing for eviction with the Board. Also, it may cause the Board to dismiss the eviction application at the eviction hearing.
Time to move out
- Each ground for eviction requires that the landlord give the tenant a different amount of time to move out or rectify the issue. For example, an eviction notice for non-payment of rent must give the tenant 14 days to pay the rent or move out.
- Other grounds of eviction may require shorter or longer time periods.
- Properly indicating the time within which the tenant is required to vacate the rental property is crucial.
- The Landlord and Tenant Board exercises a very strict approach to this issue. An unintentional one-day mistake on the notice will lead to dismissal of the eviction application. It means that the entire eviction process must start over again.
Serving the eviction notice
- The landlord must properly serve an eviction notice.
- Typically, an effective way to serve an eviction notice is to give it to the tenant personally. Also, the landlor may slide it under the door of the rental unit.
- This way of service allows avoiding any allegations that the post office lost the notice or that the tenant, for whatever reason, did not have access to his or her mailbox.
If you are a landlord seeking to evict a tenant, please do not hesitate to contact us for a free assessment of your case. We help with each step of the eviction, from grounding an appropriate cause to preparing the eviction documents for the hearing.
