What reasons do landlords need to evict a tenant?
While owning investment property has its share of benefits, including stable income to pay your mortgage, some aspects of being a landlord can be challenging, especially when you encounter problems with a tenant.
Whether the tenant has breached the tenancy agreement, or conducted illegal activity on the premises—you may be confronted with a situation where you need to evict them from the property.
Before proceeding with eviction, it’s important to familiarize yourself with the Residential Tenancies Act to ensure that you are following the proper eviction process in Ontario.
Tenants can be evicted only for the reasons listed in Ontario's Residential Tenancies Act (RTA). Here are some examples:
By far, the most common cause of eviction is tenants being behind in their rent payments. This is sometimes called non-payment of rent or "arrears" of rent. This can mean being even one day late or one dollar short.
Persistent late payment
Fortunately, a tenant who gets a notice for non-payment can cancel it by paying the full amount of rent owing before the date set out in the notice. But there is a limit to how often a tenant can do that.
Unfortunately, the law doesn't say exactly what the limit is, just that a tenant can be evicted if they "persistently" fail to pay the full amount by the due date. It's up to the Landlord and Tenant Board to decide what that means on a case-by-case basis.
Some other reasons for eviction
The RTA lists many other reasons for eviction, including:
disturbing other tenants or the landlord, for example, with very loud parties late at night
causing "undue" damage, which is more than normal wear and tear
doing something illegal on the property or in the unit, for example, dealing drugs
seriously risking the safety of other people in the building, for example, severe hoarding or clutter that creates a fire hazard
too many people occupying the rental unit on a continuing basis.
Even tenants who have done nothing wrong can sometimes be evicted simply because of the landlord's plans for the rental unit.
For example, the landlord may want to:
live in the unit
use it for a different purpose
do major repairs or renovations
Serve The Appropriate Eviction Notice (N4, N5, N6, N7, N8)
This is the most critical stage of the case! You must choose the correct Notice(s) based on the issues you wish the Board to adjudicate, issue the requisite Notice, and allow it to mature. Some Notices take 14 days to mature, while other Notices don’t have a maturity period. You cannot apply to the Board for a hearing until you have served the Notice, and certify that you have done so with a Certificate of Service. Be sure to investigate and understand accepted methods of service.
What if the landlord does have a good reason and has given the right notice?
Even if the landlord has done everything right, a tenant who does not want to move should keep these things in mind:
Sometimes eviction can be avoided by working out a settlement, which is a compromise that both the landlord and tenant can agree to. A common example is an agreement for the tenant to pay off the rent owing in installments.
The landlord has to be able to prove the reason that they gave is true. In some cases, the landlord's story might not hold up to the close attention and questioning that can happen at a Landlord and Tenant Board hearing.
Even if the landlord proves their case, the Board still has the power to delay or refuse an eviction.
If a tenant decides not to fight the eviction, they may still want extra time to find a new place. And if the eviction is for a "no-fault" reason like renovations or the landlord moving in, the tenant might have rights they should find out about. These could include getting money from the landlord because they had to move or having the option of moving back in later. Every situation is different, so tenants should try to get legal help and advice, whether they are thinking of moving out or fighting to stay.
When a tenant substantially breaches your rental agreement, you may have grounds to evict them. If you follow proper eviction procedures, you may be fortunate enough for a tenant to comply and provide you with compensation for damages, or to vacate the property without hassle.
However, if your tenant ignores or objects your notice, you may want to consider applying to the provincial court for further resolution.