The Eviction Process Explained: A Guide for Landlords and Tenants

Eviction is a serious and often stressful process that involves the removal of a tenant from a rental property. In North York, Ontario, as with many other jurisdictions, the eviction process is governed by a set of rules and regulations that aim to balance the rights of both landlords and tenants. 

Morris Legal Services is here to help you through landlord and tenant disputes and eviction. Whether you're a landlord facing a difficult situation or a tenant dealing with the possibility of eviction, understanding how the eviction process works can help prevent misunderstandings and conflicts. 

Our landlord-tenant lawyer will guide you through this process and provide a detailed look at the eviction path, highlighting the important steps and considerations for both parties involved.

The Legal Context in Ontario

In Ontario, the eviction process is primarily governed by the Residential Tenancies Act (RTA). This act sets out the rights and obligations of both landlords and tenants, including rules related to eviction. It’s important to note that the RTA gives tenants strong protection against eviction without a valid reason.  

Landlords can’t simply ask tenants to leave without following the proper procedures. Failure to adhere to these procedures can result in delays, legal disputes, or even the inability to proceed with eviction. 

The Residential Tenancies Act also defines situations where eviction is allowed, such as non-payment of rent, breach of lease agreements, or when the landlord needs the unit for personal use or redevelopment. 

However, eviction for any reason requires a clear, legally recognized process to be followed. In the event of landlord and tenant disputes, the Landlord and Tenant Board (LTB) serves as the key body for resolving these issues.

Grounds for Eviction

Before beginning the eviction process following landlord and tenant disputes, it's crucial to understand the valid grounds for eviction in Ontario. The following situations could justify eviction:

• Non-payment of rent: If a tenant fails to pay rent within 14 days after it’s due, the landlord can begin the eviction process.

• Breach of lease terms: If a tenant is violating specific terms of the lease, such as causing significant damage to the property, creating disturbances, or subletting without permission, eviction may be a possibility.

• End of fixed-term lease: If the lease has come to an end and the landlord doesn’t wish to renew it, eviction may be necessary.

• Personal use or renovation: A landlord may seek to evict a tenant if they need the property for personal use, or if they plan to undertake major renovations or demolition.

• Illegal activities: If a tenant is engaging in illegal activities on the property, such as drug trafficking, this can be grounds for eviction.

Each of these grounds must be substantiated with proper evidence, and landlords cannot arbitrarily choose to evict a tenant for personal reasons that aren’t covered by the RTA.

The Eviction Process for Landlords

The eviction process in Ontario follows a prescribed set of steps. Here’s an overview of how the process typically unfolds for landlords.

1. Provide Written Notice

The first step in the eviction process is to give the tenant written notice. The type of notice required depends on the grounds for eviction:

• For non-payment of rent, the landlord must give a Notice of Termination for Non-Payment of Rent (Form N4), which must state the amount of rent owed and provide a specific deadline (usually 14 days) to pay.

• For other breaches of the lease, the landlord should issue a Notice of Termination (Form N5 or N6), depending on the nature of the violation.

These notices must be delivered to the tenant in person, by mail, or left at their door. The notice must also clearly indicate the date by which the tenant must remedy the situation or vacate the property.

2. Wait For the Response

After the tenant receives the notice, they have a chance to respond. If the issue is non-payment of rent, the tenant may pay the outstanding amount within the notice period. If the issue is a lease violation, the tenant may fix the problem (e.g., stop causing disturbances or make necessary repairs). 

In either case, if the tenant resolves the issue within the specified time frame, the eviction process is halted. However, if the tenant doesn’t resolve the issue or refuses to leave, the landlord can proceed to the next step.

3. Apply to the Landlord and Tenant Board

If the tenant doesn’t comply with the notice or refuses to leave, the landlord must file an application with the Landlord and Tenant Board (LTB). The LTB is an independent tribunal that resolves landlord and tenant disputes, including evictions.

• The landlord must complete and submit an application to the LTB, including a copy of the notice given to the tenant and any supporting evidence (e.g., proof of unpaid rent).

• A hearing is scheduled where both the landlord and tenant can present their sides of the case.

• The LTB will then make a ruling, which could include ordering the tenant to vacate the premises, allowing for compensation, or granting an eviction order with a set timeline.

4. Obtain an Eviction Order

If the LTB grants the eviction, they’ll issue an Eviction Order (Form L2). The tenant is given a period to vacate the property, which can range from 11 to 14 days, depending on the circumstances.

5. Enforce the Eviction

If the tenant still refuses to leave after the eviction order is granted, the landlord can request the assistance of the Sheriff's Office to enforce the eviction. The sheriff will schedule a time to remove the tenant from the property.

The Eviction Process for Tenants

For tenants, the eviction process can be an overwhelming experience. However, tenants have several rights and options for defending themselves against eviction.

1. Review the Notice

If you, as a tenant, receive an eviction notice, it's important to carefully review the grounds provided. Check if the landlord’s claims are valid and whether they’ve followed the proper legal procedures. 

For instance, if you haven’t been notified of late rent payments or lease violations, the eviction notice may be improper. If you believe that the notice is invalid, you have the right to dispute it at the LTB hearing.

2. Resolve the Issue (If Possible)

If the eviction is based on non-payment of rent or a lease violation, it’s best to try to resolve the issue before the LTB hearing. For non-payment, paying the outstanding rent within the given notice period can stop the eviction process.

In cases of lease violations, correcting the breach (e.g., repairing damage or ceasing illegal activity) can help avoid eviction. Keep in mind that if the issue isn’t resolved by the time the LTB hearing occurs, the eviction could proceed.

3. Prepare for the Hearing

If the eviction proceeds to an LTB hearing, tenants should prepare their defense. This could include gathering evidence such as payment receipts, photos, or written statements that show the landlord’s allegations are false. It’s also important to attend the hearing, as failure to do so could result in a default judgment in favor of the landlord.

4. Appeal the Decision

If the LTB rules in favor of the landlord, tenants still have the option to appeal the decision to the Ontario Divisional Court. However, this is a costly and time-consuming process, and it should only be pursued if there are grounds for appeal.

Landlord and Tenant Disputes and Common Challenges

Throughout the eviction process, landlords and tenants may encounter various disputes. These can include disagreements over the validity of eviction notices, claims of harassment, or disputes regarding the condition of the rental property. In any case, understanding your rights and responsibilities is key to resolving these issues.

Here are some common sources of conflict:

• Late or missing rent payments: Disputes over rent payments can quickly escalate into eviction proceedings. Clear communication and documentation can help resolve these issues.

• Maintenance and repair issues: Tenants may refuse to vacate if they feel their landlord hasn’t maintained the property. Landlords may also encounter difficulties if tenants refuse to allow access for repairs or inspections.

• Personal use and renovations: A landlord’s need to evict a tenant for personal use or renovations can be contentious, particularly if the tenant disputes the necessity of the eviction.

Both landlords and tenants should aim to resolve these issues amicably, as prolonged disputes can lead to further legal complications and delays.

Consult With a Legal Professional Today

Landlord and tenant disputes are common, but with clear communication, respect for the law, and a willingness to resolve issues early on, both parties can avoid the stress and financial costs of eviction. Working with Morris Legal Services in North York, Ontario is a great way to handle this process with ease, so call today to schedule a consultation.