Landlord Evict A Tenant
How a Landlord Can Evict a Tenant for Non-Payment of Rent
March 9, 2019 — pgalaw
Landlords in the Province of Ontario face significant challenges in evicting tenants, but the steps landlords need to take when a tenant is not paying rent are clear. The following post provides a brief summary of how to proceed in this situation.
Demand Letter
When a tenant does not pay his or her rent on time, the landlord should immediately deliver a written demand letter clearly informing the tenant (i) that the rent is now overdue and (ii) that the amount owing must be paid by a fixed deadline. Setting a fixed time limit is critical so that the landlord has provided the tenant with an opportunity to correct the situation prior to any formal proceeding being commenced.
The N4 Notice
Assuming the tenant does not pay by the deadline, the landlord should promptly issue an N4 – Notice to End a Tenancy Early for Non-Payment of Rent. In the N4 Notice, the landlord declares a Termination Date, which is the formal deadline by which the tenant must pay the rent that is owing or move out of the unit. For tenants that pay by the day or the week, the Termination Date must be at least 7 days after the landlord provides the N4 Notice. For tenants that pay by the month, the Termination Date must be at least 14 days after the landlord provides the N4 Notice.
If, prior to the Termination Date, the tenant pays all the rent that is due (plus any new rent that has come due during that time), then the N4 Notice is void and the tenant can stay in the unit. Unfortunately, this “cat-and-mouse” game can carry on for a period of time, and so it is actually best if the tenant does not pay the arrears owing if the landlord ultimately wants to evict the tenant.
Application and Hearing Before the Landlord and Tenant Board
If the tenant does not move out of the unit or pay the rent owing by the Termination Date, the landlord should promptly prepare a Form L1 – Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes. The Form L1 is served on the tenant and then filed with the Landlord and Tenant Board, and the Board then schedules a hearing.
At the hearing, a Member of the Landlord and Tenant Board hears evidence from the landlord and the tenant, and the Member decides whether the tenant is to be evicted. The Member’s decision is given in writing, and a decision to evict the tenant becomes an enforceable order of the Board.
Enforcement and Appeals
Landlords should be aware that they cannot personally enforce an eviction order against the tenant. Instead, a copy of the eviction order must be filed with the Sheriff, and the Sheriff can then be retained by the landlord to physically remove the tenant from the unit. The landlord pays a fee to the Sheriff to take these steps.
Landlords must also realize that tenants have a right of appeal and the eviction order is automatically stayed (put on hold) if an appeal is underway. If a tenant starts the appeal process, the landlord has several options including bringing a Motion to have the appeal dismissed for delay or to order that the tenant pay rent pending the determination of the appeal.
If you would like to discuss a possible eviction proceeding, or you are currently involved in such a proceeding and would like some assistance, please feel free to visit the Civil Litigation section of our website or contact us to schedule an initial consultation.
