How to Evict a Tenant Immediately in Ontario

How to Evict a Tenant Immediately in Ontario: A Step-by-Step Guide

Evicting a bad tenant in Ontario is a process governed by the Residential Tenancies Act (RTA), which is designed to protect both landlords and tenants. Depending on the reason for eviction, you may need to file either an L1 or an L2 application with the Landlord and Tenant Board (LTB). While the L1 Application is used for non-payment of rent, the L2 Application is necessary for other issues such as property damage, illegal activity, or interference with the reasonable enjoyment of the property. This guide will walk you through both processes, focusing on how to pursue an expedited eviction when facing severe situations with bad tenants.

Understanding the Legal Grounds for Eviction

In Ontario, landlords must follow a legal process to evict a tenant, regardless of the situation. The Residential Tenancies Act (RTA) ensures that tenants are treated fairly, and eviction without cause or due process is illegal. Below are the key grounds for eviction under both the L1 and L2 applications.

Grounds for Quicker Eviction Using an L1 Application:

• Non-Payment of Rent Leading to Financial Hardship: If a tenant’s failure to pay rent is putting you at risk of losing your property due to mortgage default, you can seek a quicker eviction.

Grounds for Quicker Eviction Using an L2 Application:

• Illegal Activity: If the tenant is engaging in illegal activities such as drug production or trafficking, this is grounds for an immediate eviction.
• Severe Property Damage: If the tenant is causing significant damage to the property, you can pursue an eviction.
• Interference with Reasonable Enjoyment: If the tenant is interfering with the reasonable enjoyment of the property by other tenants or yourself, this could also warrant an eviction.
• Breach of Other Terms of the Lease: Other serious violations of the lease agreement, such as having unauthorized occupants or pets, can be grounds for eviction.

Step 1: Issue a Notice of Termination (N4 or Other Relevant Notice)

The first step in both the L1 and L2 processes is to issue a Notice of Termination. The type of notice you issue depends on the grounds for eviction.

For Non-Payment of Rent (L1 Process):

• N4 Notice: This notice is issued when a tenant has not paid rent. It gives the tenant 14 days to pay the overdue rent or vacate the property.

For Other Grounds (L2 Process):

• N5 Notice: Used for issues like property damage or interfering with the enjoyment of other tenants. The tenant has 7 days to rectify the issue or face eviction.
• N6 Notice: Issued for illegal activity on the property. This notice can be immediate, depending on the severity of the issue.
• N7 Notice: For situations that seriously jeopardize safety or cause significant property damage. This notice can also be immediate.

Serving the Notice:

• Deliver the notice in person, by mail, or by posting it on the tenant’s door if they are not home. Ensure that the method of service complies with Ontario law to avoid any delays or complications.

Step 2: File an Application with the Landlord and Tenant Board (LTB)

If the tenant does not comply with the Notice of Termination, the next step is to file the appropriate application with the LTB.

Filing an L1 Application (Non-Payment of Rent)

If the tenant has failed to pay rent and you have issued an N4 Notice, you will need to file an L1 Application with the LTB to seek an eviction order.

Required Form:

• L1 Application: Used for non-payment of rent cases.

Pay the Fee: The filing fee is $201 for online submissions and $186 for paper submissions. Be sure to check the current fees when filing.

Expedited Hearing Request: If you are facing financial hardship, you can request an expedited hearing when submitting your L1 Application. Provide evidence of your financial distress, such as mortgage statements or communication from your lender, to support your request.

Filing an L2 Application (Other Grounds for Eviction)

If the eviction is based on reasons other than non-payment of rent, such as illegal activity or severe property damage, you must file an L2 Application with the LTB.

Required Form:

• L2 Application: Used for evictions based on reasons such as illegal activity, property damage, interference with reasonable enjoyment, or breaches of the lease agreement.

Pay the Fee: The filing fee is the same as for the L1 Application—$201 for online submissions and $186 for paper submissions.

Expedited Hearing Request: For serious issues like illegal activity or significant property damage, you can request an expedited hearing. Include evidence, such as police reports, photographs, or witness statements, to justify the need for an immediate hearing.

Step 3: Attend the Hearing

After filing the L1 or L2 Application, the LTB will schedule a hearing. This is your opportunity to present your case and provide evidence supporting your reason for eviction.

Preparing for the Hearing:

• Gather Evidence: Bring all relevant documents, including the lease agreement, the Notice of Termination, and any evidence of the tenant’s misconduct (e.g., photos, videos, police reports). For L2 cases, evidence might include proof of property damage, illegal activity, or witness statements.
• Prepare Your Statement: Clearly explain the situation and focus on presenting the facts. If you are seeking an expedited eviction, emphasize the urgency and provide supporting evidence.
• Consider Legal Representation: Hiring a lawyer or paralegal can help strengthen your case, especially if the tenant contests the eviction.

At the Hearing:

• Present Your Case: For both L1 and L2 applications, present your evidence and explain why you believe the tenant should be evicted.
• Tenant’s Response: The tenant will have the opportunity to respond. Be prepared to address their arguments and present counter-evidence if necessary.
• LTB Decision: The LTB member (who acts similarly to a judge) will review the evidence and make a decision. This decision might be given on the spot or delivered in writing within a few days.

Step 4: Enforce the Eviction Order

If the LTB grants an eviction order and the tenant does not vacate the property by the specified date, you will need to take steps to enforce the order.

Enforcing the Order:

• Contact the Sheriff: Only a sheriff can legally enforce an eviction order. You will need to contact the local sheriff’s office to schedule the eviction.
• Schedule the Eviction: The sheriff will provide a date and time for the eviction. Ensure you or your representative are present during the eviction to take possession of the property.

Important Legal Considerations:

• Avoid Self-Help Evictions: Do not attempt to evict the tenant yourself by changing locks or removing their belongings. This is illegal and can result in significant legal consequences.
• Document the Process: Keep detailed records of all interactions and steps taken during the eviction. This documentation is important if there are any disputes or legal issues later.

Step 5: Handle Tenant Belongings (If Necessary)

If the tenant leaves belongings behind after the eviction, you must follow specific legal procedures to handle them.

Dealing with Leftover Items:

• Storage Requirement: You are required to store the tenant’s belongings in a safe place for at least 72 hours after the eviction. The tenant must be allowed to retrieve their items during this period.
• Disposal of Unclaimed Items: After the 72-hour period, if the tenant does not collect their belongings, you may dispose of them. However, it is important to handle this process carefully and document it to avoid potential legal liability.

Navigating the L1 and L2 Eviction Processes in Ontario

Evicting a tenant in Ontario involves strict adherence to the legal process set out by the Residential Tenancies Act. Whether you are dealing with non-payment of rent or other serious issues like illegal activity or property damage, it’s essential to follow the correct steps to ensure the eviction is carried out lawfully.

For non-payment of rent, the L1 Application is the appropriate form, and you can request an expedited hearing if you’re facing financial hardship. For other grounds, such as illegal activity or severe property damage, the L2 Application is required. In both cases, gathering strong evidence, preparing thoroughly for the LTB hearing, and following legal procedures are crucial to achieving a successful eviction.

If you’re unsure about any part of the process, consulting with a lawyer or paralegal who specializes in landlord-tenant law in Ontario is highly recommended. They can provide the guidance and representation you need to protect your property and navigate the