Evictions can be a challenging experience for both landlords and tenants in Ontario. If you’ve received an eviction notice in Ontario, it’s crucial for you to understand the specific rules in the province.
In Ontario, a landlord must provide a written eviction notice using the proper forms from the Landlord and Tenant Board (LTB), which is responsible for resolving residential tenancy disputes.
Know the specific reasons for eviction and ensure they comply with the law, whether you are a landlord or a tenant. By familiarizing yourself with your rights and responsibilities, you’ll be better prepared to deal with any eviction-related situations that may arise.
Understanding Eviction Notices
Residential Tenancies Act
The Residential Tenancies Act, 2006 (RTA) governs the rights and responsibilities of landlords and tenants in Ontario, including the eviction process. As a tenant, you should be familiar with the provisions laid out within the RTA.
It outlines specific reasons for eviction and mandates that landlords follow a series of steps to legally evict a tenant. Residential tenancies, including care homes, are covered under this act.
Lease and Tenant Rights
Your lease agreement is the foundation of your relationship with your landlord. It outlines the terms and conditions of your tenancy, rental payment, and the rights and responsibilities of both parties. In Ontario, you have the right to a written lease, and your rights as a tenant are protected under the RTA.
As a tenant, you have various rights and protections, including:
- Protection from illegal eviction
- Right to reasonable enjoyment of the property
- Right to maintenance and repairs
- Right to privacy
An eviction notice in Ontario is a formal process that begins with your landlord providing written notice using the proper form provided by the Landlord and Tenant Board (LTB), an independent tribunal that resolves residential tenancy disputes in Ontario.
A verbal request, email, or written note from your landlord asking you to leave does not constitute the start of the eviction process.
Reasons for Eviction
Your landlord can only evict you for specific reasons listed in the Residential Tenancies Act. Some of the common reasons for eviction include:
- Non-payment of rent
- Persistent late payment of rent
- Damage to the property
- Interference with the reasonable enjoyment of other tenants
The eviction notice must clearly state the reason for the eviction and the steps required to void the notice within a specified deadline.
If you comply with the notice requirements by the deadline, the notice to end the tenancy becomes void, and your landlord cannot apply to the LTB to proceed with the eviction based on that notice.
Types of Eviction Notices in Ontario
N4: Non-Payment of Rent
If you’re a tenant and you haven’t paid your rent on time, your landlord can serve you an N4: Notice to End your Tenancy Early for Non-payment of Rent. For example, if your rent is due on the first of the month, your landlord can serve this notice as early as the second of the month.
N5: Substantial Interference
The N5 notice is given when you, as a tenant, have substantially interfered with another tenant or the landlord’s reasonable enjoyment of the property. This may involve consistent excessive noise, harassment or other disruptive behaviour. To address the issue, you need to correct your behaviour within a specified period.
N6: Damage to Property
If you, your guest or someone else living in your unit has caused wilful or negligent damage to the rented property, your landlord can issue an N6 notice. Once served, you have a specific timeframe to repair the damage or compensate the landlord for the cost.
N7: Illegal Activity
An N7 notice can be given to you if you, or someone living in your unit, has committed an illegal act on the rented property. Examples may include drug-related activities, illegal gambling or operating an unlicensed business.
If this notice is served, you must leave the rental unit by the termination date specified in the notice.
N8: Persistent Late Rent Payment
If you consistently pay your rent late, your landlord has the right to issue an N8 notice. This notice requires you to vacate the property on or before the termination date due to a pattern of late rent payments.
N12: Landlord’s Personal Use
Your landlord can issue an N12 notice if they, their immediate family, or a caregiver require the rental unit for personal use. You must vacate the rental unit by the specified termination date.
N11: Mutual Agreement to End Tenancy
An N11 notice is used when both you and your landlord agree to end the tenancy. This is a voluntary process, and both parties must sign the agreement specifying the termination date.
N13: Housing Co-op
The N13 notice is used when a housing cooperative terminates your membership and occupancy rights. Reasons for termination may include unpaid membership fees or other breaches of the co-operative’s by-laws.
The Process of Eviction
Submitting Applications to the Landlord and Tenant Board
When starting the eviction process in Ontario, as a landlord, you must submit an application to the Landlord and Tenant Board (LTB). The LTB is an independent tribunal responsible for resolving residential tenancy disputes in Ontario.
First, you need to deliver a written eviction notice to your tenant using the proper form provided by the LTB. Different forms are available depending on the reason for eviction, such as non-payment of rent or illegal activities.
After providing the eviction notice and waiting the required amount of time, proceed with submitting an application to the LTB through the Tribunals Ontario Portal. Be sure to include all relevant information and documentation, such as your eviction notice and proof of service.
Hearing and Mediation
Once you’ve submitted your application, a hearing will generally be scheduled at the LTB. During the hearing, both you and your tenant have an opportunity to present your cases and provide evidence. In some cases, a mediation process may take place before or during the hearing.
Mediation is an opportunity for you and your tenant to come to an agreement under the guidance of a trained mediator. If both parties reach an agreement, the mediator will create a legally binding document reflecting the terms.
Eviction Order and Enforcement
After the hearing, if the LTB issues an eviction order in your favour, your tenant will be required to vacate the premises. It’s important to note that only the Sheriff can enforce the eviction order. As a landlord, you must not take any action to remove the tenant yourself.
If your tenant refuses to leave after the Sheriff enforces the eviction order, the Sheriff can return and physically remove the tenant, and their belongings, from the rental property. Remember that the eviction process in Ontario can take an average of 75 days, so be prepared to be patient throughout the process.
Following these steps, you can ensure you’re navigating the eviction process in Ontario according to the law and protecting your rights as a landlord.
Navigating through Tribunals Ontario can seem daunting, but with proper guidance, it becomes manageable. This section will help you understand the various applications and processes involved in eviction notices in Ontario.
L1: Landlord Applications for Eviction
As a landlord, if you need to evict a tenant, you must start by giving the tenant a written notice specifying the reason for eviction. There are different notices for different reasons, and you can find the appropriate forms at Tribunal Ontario.
L2: Tenant Applications for Eviction
Tenants can also apply for an eviction when they believe their rights have been violated. For instance, you may file a complaint if your landlord is not maintaining the rental unit or is interfering with your reasonable enjoyment of the property.
Navigate Tribunals Ontario to learn about your rights and responsibilities before filing an application.
L3: Review of Eviction Orders
If you, as a tenant or landlord, disagree with the eviction order issued by the Landlord and Tenant Board (LTB), you can request a review.
The review process allows you to present new evidence or argue that the LTB made a legal error in their decision. Be aware that there might be deadlines for requesting a review, and being prepared in advance can benefit your case.
L4: Enforcement of Eviction Orders
Once an eviction order has been issued, it’s essential to know how to proceed with enforcing it. For landlords, if the tenant does not leave the property voluntarily within the specified time, you can request the assistance of the Sheriff’s Office to enforce the eviction order.
As a tenant, it’s crucial to understand your rights during this process and possible actions to take if you’re facing an unlawful eviction.
T5: Tenant Applications about Unit Repair
As a tenant, you have the right to request repairs and maintenance from your landlord. If your landlord fails to address your concerns, you can file an application with the LTB, which may result in an order for repairs, rent abatement, or other remedies.
It’s crucial to document any correspondence with your landlord and keep evidence of disrepair to strengthen your application.
By understanding these aspects of eviction notices in Ontario, you can be better prepared to navigate Tribunals Ontario and protect your rights as either a landlord or tenant.
Seeking Legal Advice
As a landlord or tenant facing an eviction situation in Ontario, seeking legal advice can be beneficial in understanding your rights and responsibilities.
One option for finding legal assistance is through free software and online resources. Websites like ontario.ca offer information on your rights as a tenant or landlord in Ontario.
Similarly, Tribunals Ontario provides access to Landlord and Tenant Board forms that can help with eviction processes.
In addition to online resources, it’s crucial to speak with a legal expert who can guide you through the eviction process. Legal professionals can help you understand the specific reasons for eviction, such as:
- Non-payment of rent
- Illegal activities in the rental property
- Personal use of the rental unit by the landlord
When seeking legal advice, ensure the expert has experience dealing with eviction cases specific to Ontario. This ensures they are well-versed in the province’s regulations and can provide the most accurate and relevant assistance.
Remember, the eviction process requires proper documentation and adherence to specific guidelines.
So, whether you are a tenant facing eviction or a landlord initiating the process, having access to legal guidance can be invaluable in navigating the complexities of eviction in Ontario.