Ontario has a structured legal eviction process that landlords must navigate with care and understanding. Evicting a tenant in Ontario is not a swift process. In Ontario, the timeline for eviction can vary depending on the circumstances. So how quickly can a landlord evict a tenant in Ontario? Well, typically, it can take anywhere from 85 to over 400 days to evict a tenant.
How Quickly Can a Landlord Evict a Tenant in Ontario?
To understand just how quickly can a landlord evict a tenant in Ontario, it is necessary to gain a deeper understanding of the tenant eviction process. This guide delves into the timelines, steps, complexities of eviction, providing landlords with a thorough understanding of the steps and timelines involved. It's designed to ensure landlords are well-prepared and compliant with provincial laws, thus facilitating a smooth eviction process for everyone involved.
Understanding this process and how to properly carry it out is especially important in condominiums, where missteps can be especially costly due to the owner obligations and responsibilities involved - such as carrying the costs of maintenance fees until the process is finalized for the legitimate reason that the owner is looking to evict.
Most Common Reasons for Eviction in Ontario
When considering the eviction reasons in Ontario, landlords often inquire about the speed at which they can remove a tenant from their property. While the most commonly-asked question is “how quickly can a landlord evict a tenant in Ontario” it’s important to first ensure that the eviction is legitimate and occurring for the right reasons. The most common reasons are:
Non-payment of Rent
Non-payment of rent is the most common ground for eviction. In condo corporations where non-payment of rent can jeopardize an Owner’s obligation to pay their fair share of maintenance fees, it can spell disaster. Did you know that after 90 days of being in arrears for non-payment of maintenance fees, the Board can register a lien against the unit? Owch!
In such cases of non-payment of rent, landlords must issue a Form N4, giving tenants a 14-day period to pay the overdue rent. This period is crucial as it can determine whether the matter proceeds to eviction or gets resolved amicably.
Landlords are advised to keep a meticulous record of all rent demands and responses during this time. Effective communication with the tenant is key, as understanding their circumstances can sometimes lead to mutually beneficial arrangements.
Are you a condo board that needs help with liening a unit? Find a condo law firm who can take on this task via our vendor directory, My Condo Vendor.
Property Damage or Disturbance
But how quickly can a landlord evict a tenant in Ontario when there is property damage or disturbance? This scenario is popular in condos, where property damage or compliance demands for disturbances can cost the Owner significant sums of money in back-charges to the condo corporations. These charge-backs can lead to the same issues of liens following 90 days of non-payment, or even progress to a power of sale for the unit.
In case an Owner needs to remove a tenant due to property damage or disturbances, this follows a slightly different protocol. Landlords must issue a Form N5, providing the tenant with either 7 or 20 days to rectify the issue, depending on the severity and frequency of the offense.
Documenting instances of damage or disturbance is critical, as these records can be pivotal in legal proceedings. Clear communication about the specific issues and expectations for resolution is essential. If the behavior persists, landlords can proceed with the eviction process.
Alternatively, if you need to fight an eviction this eviction handbook from the City of Toronto is a good place to start. You can also seek eviction help with the Tenant-Lawyer Connection Portal (TLCP).
The Eviction Process in Detail
Step-1: Issuing the Notice
The proper eviction process begins with the landlord issuing the correct notice to the tenant. The type of notice and the notice period vary based on the reason for eviction. It's imperative to use the appropriate form and ensure it is filled out correctly and served to the tenant either in person or via mail.
This action is necessary and later determines how quickly can a landlord evict a tenant in Ontario. Keeping a copy of this notice is crucial as it serves as proof of service. This period is also a critical time for potential resolution without further legal action.
Step-2: The Waiting Period
The waiting period is a legally mandated time frame that allows tenants to respond to the notice. During this time, landlords should maintain professionalism and avoid any actions that could be construed as harassment. This period is also an opportunity for landlords to prepare for a potential hearing at the Landlord and Tenant Board (LTB), which involves gathering evidence and documentation. If the tenant rectifies the issue within this period, the eviction process can be halted.
Step-3: Filing with the Landlord and Tenant Board
If the issue remains unresolved, the landlord must file an application with the LTB. This application should be comprehensive, including all relevant documentation and evidence. Upon filing, a fee is required, and the application must be served to the tenant.
Preparation for the LTB hearing is crucial, and landlords are advised to organize their evidence meticulously and consider seeking legal advice. The LTB will schedule a hearing, usually several weeks after the application, where both parties will have the opportunity to present their case.
Recently, the LTB hearing timelines are the biggest factor in determining just how quickly can a landlord evict a tenant in Ontario - as most are after several months.
Here is important information about LTB hearings.
Step-4: The LTB Hearing
The LTB hearing is a pivotal moment in the eviction process. Landlords must present their case clearly and convincingly, backed by solid evidence. The tenant also has the opportunity to present their defense. The LTB adjudicator will consider all the evidence and arguments before making a decision, which can be appealed by either party. Landlords should be prepared for possible delays or adjournments in this process.
Step-5: Post-Hearing Procedures
Following the hearing, if the LTB rules in favor of the landlord, an eviction order is issued. The tenant may be given a final period to vacate the property voluntarily. If the tenant fails to comply, the landlord must involve the Court Enforcement Office, as the eviction order must be enforced by the Sheriff.
Landlords are not permitted to physically remove tenants themselves; this action must be carried out by the Sheriff. This is important for property management, board members, and security personnel to note and not interfere with the process, or agree to carry it out on the Owner’s behalf.
The entire process, from issuing the notice to the actual eviction, can span several months. This makes it difficult to exactly estimate how quickly can a landlord evict a tenant in Ontario. It can range from a few months to well over a year… and more.
Adhere to Tenant Rights in the Eviction Process
While the focus of this guide is on the landlord's perspective to know how quickly can a landlord evict a tenant in Ontario, it's also crucial for evereyone to acknowledge and understand tenant rights. This ensures that evictions are carried out lawfully and respectfully.
Right to Adequate Notice: Tenants are entitled to receive proper notice before an eviction process begins. The type of notice varies depending on the eviction reason, such as non-payment of rent or property damage.
Right to Dispute Eviction: Tenants have the right to challenge the eviction at a hearing before the Landlord and Tenant Board (LTB). They can present their case, provide evidence, and even seek legal representation.
Right to Adequate Time for Eviction: Once an eviction order is issued, tenants have a specific period to vacate the property, ensuring they have sufficient time to find alternative accommodation.
Protection from Illegal Eviction: Tenants are protected under Ontario law from illegal eviction tactics, such as changing locks or shutting off utilities. Landlords must follow the legal process for eviction.
Right to Compensation in Certain Cases: In some instances, such as eviction for personal use of the property or major renovations, tenants may be entitled to compensation.
Understanding the tenant renting rights is essential for landlords to ensure they are not infringing on their tenants' legal protections and to avoid potential legal repercussions.
Eviction Timeline (Sample Cases)
These below sample cases help in developing an understanding of how quickly can a landlord evict a tenant in Ontario. They illustrate popular scenarios, detail the eviction process and how it takes place. The true eviction timeline depends on a variety of factors. The actual time likely will vary drastically from these.
We suggest you contact your local authority to know the exact timelines in your case.
Case 1: Eviction for Non-payment of Rent
Day 1: John Doe issues a Notice to End Tenancy Early for Non-payment of Rent (Form N4) to his tenant, Jane Smith, after she fails to pay rent for two months.
Day 14: The 14-day period for Jane to pay the overdue rent or vacate the property ends with no response from her.
Day 15: John files an eviction application with the Landlord and Tenant Board (LTB).
Day 30: John receives a notice from the LTB with a hearing date scheduled 30 days later.
Day 60: The LTB hearing takes place. John presents his case, including evidence of non-payment and attempts to resolve the issue.
Day 65: The LTB issues an eviction order in John's favor, giving Jane 10 days to vacate the property.
Day 75: The 10-day period ends. Jane has not vacated the property.
Day 76: John contacts the Court Enforcement Office (Sheriff) to enforce the eviction order.
Day 90: The Sheriff enforces the eviction, and Jane vacates the property.
Case 2: Eviction for Landlord's Personal Use
Day 1: The landlord decides to move into the rental property currently occupied by a tenant. The landlord prepares a Form N12 notice, stating the intention to use the property for personal use.
Day 2: The landlord serves the Form N12 notice to the tenant. The notice includes a 60-day period for the tenant to vacate the property. Additionally, the landlord offers one month's rent as compensation, as required by Ontario law.
Day 10: The tenant acknowledges receipt of the notice and begins to make arrangements for alternative accommodation. There is open communication between the landlord and tenant regarding the process.
Day 30: Halfway through the notice period, the landlord checks in with the tenant to address any concerns and ensure the move-out process is on track.
Day 60: The 60-day notice period ends. The tenant completes the move-out process, vacating the property. The landlord conducts a final inspection to ensure the property is left in good condition.
Day 61: The landlord provides the agreed-upon compensation to the tenant, equivalent to one month's rent.
Day 62: The landlord begins moving into the property, now legally vacated by the tenant.
Day 70: The landlord is fully settled into the property. The eviction process for personal use is concluded successfully and amicably.
Case Study 3: Eviction for Unauthorized Subletting
Day 1: The landlord discovers that the tenant has been subletting the rental unit without permission, a violation of the lease agreement.
Day 2: The landlord prepares a Form N5 (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding) citing unauthorized subletting. The notice gives the tenant 7 days to cease the subletting arrangement.
Day 9: The 7-day period ends, but the unauthorized subtenant is still residing in the unit. The landlord decides to proceed with the eviction.
Day 10: The landlord files an eviction application with the Landlord and Tenant Board (LTB), including evidence of the unauthorized subletting.
Day 25: The LTB notifies the landlord of the hearing date, scheduled 20 days later.
Day 45: The LTB hearing takes place. The landlord presents the lease agreement and evidence of the unauthorized subletting. The tenant argues their case.
Day 50: The LTB issues a decision in favor of the landlord, granting an eviction order. The tenant is given 14 days to vacate the property.
Day 64: The deadline for the eviction order passes, but the tenant and the unauthorized subtenant have not vacated the property.
Day 65: The landlord contacts the Court Enforcement Office (Sheriff) to enforce the eviction order.
Day 80: The Sheriff enforces the eviction, and both the tenant and the unauthorized subtenant vacate the property.
Case Study 4: Eviction for Significant Property Damage
Day 1: The landlord discovers significant property damage in a rental unit during a routine inspection. The damage appears to be caused by tenant negligence.
Day 2: After documenting the damage with photos and repair estimates, the landlord prepares a Form N5 (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding), citing the property damage.
Day 3: The landlord serves the Form N5 to the tenant, providing them with 7 days to either repair the damage or make arrangements to do so.
Day 10: The 7-day period ends, but the tenant has not taken any steps to address the damage. The landlord decides to proceed with the eviction process.
Day 11: The landlord files an eviction application with the Landlord and Tenant Board (LTB), including the evidence of the damage and the served notice.
Day 35: The LTB schedules a hearing and notifies both parties. The hearing date is set for 30 days later.
Day 65: The LTB hearing takes place. The landlord presents the evidence of damage, including photos and repair estimates. The tenant argues their case, but lacks sufficient evidence to refute the claims.
Day 70: The LTB issues a decision in favor of the landlord, granting an eviction order. The tenant is given 14 days to vacate the property.
Day 84: The deadline for the eviction order passes, but the tenant has not vacated the property.
Day 85: The landlord contacts the Court Enforcement Office (Sheriff) to enforce the eviction order.
Day 100: The Sheriff enforces the eviction, and the tenant vacates the property.
You can also find some actual LTB eviction case decisions here
Eviction Process Checklist:
Issue the Appropriate Notice: Determine the reason for eviction and issue the correct form, such as Form N4 for non-payment of rent.
Wait for the Notice Period to Lapse: Allow the tenant the legally required time to respond to the notice, which is typically 14 days for non-payment of rent.
File an Application with the LTB: If the tenant fails to rectify the issue within the notice period, file an eviction application with the LTB.
Prepare for the LTB Hearing: Gather all necessary documents and evidence, such as communication records, rent receipts, and witness statements.
Attend the LTB Hearing: Present your case to the LTB, highlighting key points and evidence.
Follow up on the LTB's Decision: If the LTB issues an eviction order, prepare for the next steps.
Coordinate with the Sheriff for Enforcement: If the tenant does not vacate, contact the Sheriff to enforce the eviction order.
Frequently Asked Questions
Q1: What can a landlord do if a tenant damages the property?
A1: If a tenant damages the property, the landlord can issue a Form N5 (Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding). If the issue isn't resolved, the landlord can apply to the LTB for eviction.
Q2: How can a landlord evict a tenant for personal use of the property?
A2: To evict a tenant for personal use, the landlord must provide a Form N12 (Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit). A 60-day notice period is required, and compensation might be owed to the tenant.
Q3: Can a tenant dispute an eviction notice?
A3: Yes, tenants can dispute an eviction notice by attending the LTB hearing and presenting their case as tenants are protected by the Residential Tenancies Act. They may also seek legal advice or representation.
Q4: How long does it take for the LTB to schedule a hearing after receiving an eviction application?
A4: The time it takes for the LTB to schedule a hearing can vary, typically ranging from a few weeks to a couple of months, depending on the backlog and specific circumstances. This is one of the biggest factor in determining how quickly can a landlord evict a tenant in Ontario.
Q5: What should a landlord do if the tenant leaves belongings behind after eviction?
A5: If a tenant leaves belongings behind, the landlord must follow specific procedures outlined by the LTB, which may include storing the items for a certain period and notifying the tenant.
Q6: Can a landlord increase rent to force a tenant to leave?
A6: No, landlords cannot increase rent beyond the guideline set by the Ontario government as a means to force a tenant to leave. Such actions can be deemed illegal and may result in legal consequences.
Q7: What are the consequences if a landlord illegally evicts a tenant?
A7: Illegal eviction can result in legal action against the landlord, including fines and compensation to the tenant. It's crucial for landlords to follow the legal eviction process.
The eviction process in Ontario requires landlords to have a comprehensive understanding of the legal framework and a commitment to following the procedures diligently. With this guide you hopefully have a good idea of how quickly can a landlord evict a tenant in Ontario. By adhering to the outlined steps and maintaining thorough documentation and communication, landlords can navigate the eviction process lawfully and efficiently.
Check out our other resources like performing a successful background check on your tenant from Stratastic’s Resource Library, Stak'd!
-Stratastic Inc.
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