When Can a Landlord Evict a Tenant in Ontario?
Evicting a tenant is one of the most serious actions a landlord can take, and in Ontario, it’s a process governed by strict rules and regulations. Evictions are not to be taken lightly, and understanding the legal grounds for eviction is essential for both landlords and tenants. In this blog post, we’ll explore the circumstances under which a landlord can evict a tenant in Ontario, the legal process involved, and important considerations to keep in mind.
Understanding the Basics: The Residential Tenancies Act (RTA)
In Ontario, the relationship between landlords and tenants is primarily governed by the Residential Tenancies Act (RTA). This law outlines the rights and responsibilities of both parties and sets the legal framework for evictions. The Landlord and Tenant Board (LTB) is the body that oversees disputes and enforces the RTA.
Landlords cannot simply evict tenants on a whim; they must have legal grounds, follow specific procedures, and obtain an order from the LTB. Let’s explore the most common reasons for eviction and how the process works.
1. Non-Payment of Rent
One of the most common reasons for eviction is non-payment of rent. If a tenant fails to pay rent on time, the landlord can take action. Here’s how the process works:
- Step 1: Serve a Notice to End Tenancy for Non-payment of Rent (Form N4)
If the rent is late, the landlord can serve the tenant with a Form N4, which gives the tenant 14 days (or 7 days if the tenant pays rent weekly or daily) to pay the overdue rent or move out. - Step 2: Apply to the Landlord and Tenant Board
If the tenant does not pay the rent within the notice period, the landlord can apply to the LTB for an eviction order. - Step 3: LTB Hearing
The LTB will schedule a hearing where both the landlord and tenant can present their sides. If the board rules in the landlord’s favor, an eviction order may be issued.
It’s important to note that if the tenant pays the rent in full before the eviction order is issued, the eviction process will stop.
2. Persistent Late Payment of Rent
While a tenant may occasionally pay rent late, persistent late payments can be grounds for eviction. If a tenant consistently pays rent late, even if they eventually pay, the landlord may consider this a breach of the lease agreement.
- Step 1: Serve a Notice to End Tenancy for Non-payment of Rent (Form N4)
Even if the tenant eventually pays, the landlord can still serve a Form N4 if the payments are persistently late. - Step 2: Apply to the LTB
After multiple instances of late payments, the landlord can apply to the LTB to end the tenancy on the grounds of persistent late payments.
The LTB will consider whether the tenant has shown a pattern of late payments and may issue an eviction order if the landlord’s case is strong.
3. Breach of Lease Agreement
Tenants must adhere to the terms of the lease agreement they signed. Violating these terms can lead to eviction. Common lease violations include:
- Unauthorized Pets: Keeping pets when the lease specifically prohibits them.
- Illegal Subletting: Subletting the unit without the landlord’s permission.
- Property Damage: Causing significant damage to the rental unit beyond normal wear and tear.
- Excessive Noise or Disruptive Behavior: Disturbing neighbors or other tenants.
- Step 1: Serve a Notice to End Tenancy Early for Breach of Agreement (Form N5)
If a tenant violates the lease, the landlord can serve them with a Form N5. This notice gives the tenant a certain period (usually 7 days) to correct the issue or move out. - Step 2: Apply to the LTB
If the tenant does not remedy the breach within the given time, the landlord can apply to the LTB for an eviction order.
The LTB will evaluate the severity of the breach and whether the tenant took steps to correct the issue.
4. Illegal Activity
If a tenant is involved in illegal activities on the rental property, such as drug production or trafficking, this is a serious violation that can lead to eviction.
- Step 1: Serve a Notice to End Tenancy for Illegal Activity (Form N6)
The landlord can serve the tenant with a Form N6, which does not require the tenant to be given a chance to correct the behavior. The tenant typically has 10 days to vacate the premises. - Step 2: Apply to the LTB
If the tenant does not move out, the landlord can apply to the LTB for an eviction order.
Illegal activities are taken very seriously by the LTB, and eviction is likely if there is sufficient evidence.
5. The Landlord Requires the Unit for Personal Use
In some cases, a landlord may need to evict a tenant because they or a close family member requires the unit for personal use. This could be because the landlord or their family wants to live in the unit, or it might be needed for a caregiver.
- Step 1: Serve a Notice to End Tenancy for Landlord’s Own Use (Form N12)
The landlord must give the tenant at least 60 days’ notice and provide a reason for needing the unit. - Step 2: Apply to the LTB
If the tenant does not move out by the end of the notice period, the landlord can apply to the LTB for an eviction order.
It’s important to note that the landlord or their family member must intend to live in the unit for at least one year, and the landlord may be required to compensate the tenant with one month’s rent.
6. Demolition, Repairs, or Conversion of the Unit
If a landlord plans to demolish the rental unit, convert it to a non-residential use, or conduct major repairs that require the tenant to move out, they can evict the tenant under these circumstances.
- Step 1: Serve a Notice to End Tenancy for Demolition, Conversion, or Repairs (Form N13)
The landlord must give the tenant 120 days’ notice if the building will be demolished or converted to a different use. If the tenant must move out for major repairs, the notice period is typically 120 days as well. - Step 2: Apply to the LTB
If the tenant does not move out by the end of the notice period, the landlord can apply to the LTB for an eviction order.
The tenant may be entitled to compensation or a right to return after repairs are completed.
7. Overcrowding or Unauthorized Occupants
Overcrowding or having more occupants than allowed by the lease or municipal bylaws can be grounds for eviction. Unauthorized occupants, such as individuals not listed on the lease, can also cause problems.
- Step 1: Serve a Notice to End Tenancy for Overcrowding or Unauthorized Occupants (Form N5 or N7)
The landlord can serve the tenant with the appropriate form, specifying the issue. - Step 2: Apply to the LTB
If the tenant does not resolve the issue or move out, the landlord can apply to the LTB for an eviction order.
Important Considerations
Evicting a tenant in Ontario is a serious matter that requires strict adherence to the legal process outlined by the Residential Tenancies Act. Landlords must have valid reasons for eviction, follow proper procedures, and obtain an eviction order from the Landlord and Tenant Board. For tenants, understanding your rights and responsibilities can help you avoid issues that might lead to eviction. Both parties should strive to maintain open communication and address problems early to prevent the need for eviction.
Whether you’re a landlord or a tenant, knowing the rules can help ensure a fair and respectful rental experience. If eviction becomes necessary, following the legal steps carefully will protect your interests and help resolve the situation as smoothly as possible.