In most circumstances, the Residential Tenancy Act applies to the residential landlord-tenant relationship. This law requires a landlord to obtain an eviction order from the Landlord and Tenant Board in order to legally evict a tenant.
A tenant does not have to move out at the end of a lease. If a lease ends and the tenant does not sign a new one, the lease renews automatically on either a monthly or weekly basis, depending on when rent was due under the original lease.
Our Richmond Hill real estate lawyers can answer whatever questions you may have respecting when an Ontario landlord is allowed to legally evict a tenant.
When will the Board grant an eviction order?
There are several circumstances that may result in a landlord successfully asking for an eviction order. These circumstances include:
- the failure of the tenant to pay rent as agreed or the persistent late payment of rent
- the tenant or a guest of the tenant causing damage to the rental property or disturbing the landlord or another tenant
- the tenant permitting too many people live in the rental property, resulting in overcrowding
- the tenant or a guest of the tenant committing an illegal activity in the rental unit or on the rental property.
The landlord may also be able to evict a tenant in certain situations that are unrelated to the behaviour or actions of the tenant, including:
- where the landlord or a close family member will be moving into the rental unit
- where the landlord intends to do major renovations or repairs that require the rental unit to be empty
- where the landlord intends to demolish the rental property or convert it to a non-residential use.
Tenant Remedies
In some cases, when an eviction is caused by the tenant’s behaviour or actions, the tenant may be able to prevent the eviction by correcting the reason for the eviction. This is called a tenant’s remedy. A tenant’s remedy, if applicable, is described in the Notice to end the Tenancy that the landlord is required to serve on the tenant and a deadline for performing the remedy is set.
Tenant remedies are available, for example, for eviction due to non-payment of rent and due to overcrowding.
Steps the landlord must take in order to legally evict a tenant
Even with a valid reason for evicting a tenant, the landlord is required to do the following:
- provide the tenant with the required notice
- wait the required notice period
- file an application with the Landlord and Tenant Board
- attend the scheduled hearing in front of the Board
- successfully obtain an eviction order from the Board.
It is important that the landlord provide the tenant with the correct notice. Forms, notice periods and other requirements vary considerably depending on the reason for the eviction.
Some reasons for eviction have additional requirements. For example, if a landlord wants to evict a tenant so that the landlord can use the rental unit themselves or for a close family member, the landlord must pay the tenant one month’s rent as compensation and the landlord (or family member) must live in the vacated unit for a minimum of one year.
Whether you are a landlord or a tenant, our lawyers can help you determine when an Ontario landlord is allowed to legally evict a tenant and avoid any possible problems specific to your situation. Contact our Richmond Hill real estate lawyers today!
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
