Did you rent to the wrong tenants?
You can never know what to expect or what will happen with a new tenant. If you decide to skip the tenant screening process you could be putting your property at risk. When you screen tenants, you have the knowledge that your tenant pays their rent on time and has no criminal background. Unfortunately, landlords are typically busy people and tend to skip over the screening process which could lead to the start of an eviction. In this article the property managers from ACCL Property Management will go over the top 11 reasons to end a tenancy earlier and the process to evict tenants in Ontario.
10 Ontario legal reasons to end a tendency
- Non-payment of rent or not paying the rent in full.
- Causing damage to the rental property.
- Persistently paying the rent late.
- Affecting the safety of others.
- Disturbing the enjoyment of other tenants or the landlord
- Illegal activity.
- The landlord plans major renovations that require a building permit and vacant possession.
- 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).
- Locks change without landlord consent
How to start the eviction process in Ontario
Eviction forms are available from the Ontario Landlord and Tenant Board. In many cases the landlord might have to provide the tenant with an opportunity to correct the problem. The amount of days for the tenant to fix the problem must be included in the notice.
If you tried everything in your power to communicate the problems, you are having with your tenant and can’t seem to solve the issues then an eviction process could be necessary. In almost all situations, before a landlord can apply to the Ontario Landlord and Tenant Board to evict the tenant. They must first give the tenant a notice of termination stating the reason why the landlord wants to evict them. If you read above, then you know the top 11 legal reasons to evict a tenant.
What to do if the tenant does not move?
So, you gave your tenant notice, but they still didn’t move out? When this happens, the landlord can ask the Landlord and Tenant Board to end the tenancy by filing an application. The board will decide if the tenancy should end after holding a hearing.
During the hearing both landlord, tenant, and their representatives are present. Giving them the option to explain their side of the story to the board. The board decision will be made in pursuant to the provisions of the Residential Tenancies Act.
Order for eviction:
If the board decides to make an order for eviction. The order will tell the tenant when they must leave. Failure to not move once an order for eviction has been given, gives the landlord the right to file/get in touch with the boards Court Enforcement Officer also known as the Sheriff.
Fun Fact: Landlords do not have the right to personally remove tenants or hire someone to do so. Only the court Enforcement Office can evict a tenant.
In summary the steps a landlord must take to evict a tenant are:
- Give tenant written notice
- File an application with the Landlord and tenant board
- Deliver the Application and Notice of hearing to the tenant
- Attend the hearing
- Eviction order
LANDLORDS – Do you have too much things to do and not enough time? Sick and tired of having to deal with the headache of managing a rental property? Don’t know how to choose the right tenants or how to start an eviction process?
Get the right advice and professional help from The Experts at ACCL Property Management.
Durham Region Tel: 1(905) 432-8961
York Region Tel: 1(416) 619-5203
Peel Region Tel: 1(416) 619-9214
Toll free: 1(844) 651-2225
Fax: 1(905) 579-6688
When you choose ACCL Property Management, you have the peace of mind, knowing that you have a trusted name in property management.