If you are a landlord in Ontario, you may want to know what are the legal reasons to evict a tenant from your rental property. Eviction is a serious matter that can affect both the landlord and the tenant, so it is important to follow the rules and procedures set out by the Residential Tenancies Act (RTA) and the Landlord and Tenant Board (LTB).
According to the RTA, there are 10 main reasons why a landlord can end a tenancy and apply to evict a tenant :
- Non-payment of rent or not paying the rent in full
- Persistently paying the rent late
- Causing damage to the rental property
- Illegal activity
- Affecting the safety of others
- Disturbing the enjoyment of other tenants or the landlord
- Allowing too many people to live in the rental unit (“overcrowding”)
- “Landlord’s own use” (the landlord wants the rental unit for their own use or for the use of an immediate family member or a caregiver)
- Selling the house (the landlord has agreed to sell the property and the purchaser wants all or part of the property for their own use or for the use of an immediate family member or a caregiver)
- Demolition, conversion or repairs (the landlord plans major renovations that require a building permit and vacant possession)
In most cases, before a landlord can apply to the LTB to evict a tenant, they must first give the tenant a notice of termination that tells the tenant the reason and the date when the landlord wants them to move out. The notice must be in writing and must use the proper forms available from the LTB. The notice must also give the tenant a certain number of days to fix the problem, if possible, or to move out. The number of days depends on the reason for eviction.
If the tenant does not fix the problem or move out by the date given in the notice, the landlord can file an application with the LTB to end the tenancy. The LTB will schedule a hearing where both parties can present their evidence and arguments. A member of the LTB will make a decision based on the facts and the law. If the LTB issues an order to evict the tenant, it will specify when the tenant must leave the unit. If the tenant does not leave by that date, the landlord can file the order with the Court Enforcement Office (also known as the Sheriff) who can enforce it by physically removing the tenant and their belongings from the unit.
Eviction is not something that landlords or tenants should take lightly. It can have serious consequences for both parties, such as financial losses, stress, and legal disputes. Therefore, it is advisable for landlords and tenants to communicate with each other, try to resolve any issues amicably, and seek legal advice if necessary.