Navigating the Eviction Process: A Guide for Tenants and Landlords

I think it is safe to say that we all have heard a bad eviction story at one point or the other. You know the one, where it goes to court, the cops get involved and one party either ends up in cuffs or on the run. The image that these stories ultimately paint is that evictions are hard, which if you look into the details is not exactly an exaggeration.

The process is long and time taking; every step is heavily legislated by governing bodies and involves a lot of paperwork for both sides. This makes it of utmost importance that a landlord or a renter is fully aware of the roles and responsibilities they must enact at each step. Because ultimately what we all want is a smooth transition that leads to a friendly conclusion for both parties.

In this blog, we will go through the step-by-step eviction process, the various laws that govern it, and how to handle the worst-case scenarios.

So, let’s start at the very beginning.

Grounds for Eviction

Eviction is not something landlords in Ontario can take lightly. They can only evict tenants under specific situations and must follow strict procedures set by the Landlord and Tenant Board (LTB). This includes giving written notice with the proper form and specifying the reason for eviction. But just because a tenant has received notice, doesn’t mean they have to leave right away! The landlord must first get an eviction order from the LTB, and the tenant has the right to fight it during a hearing.

If you are a tenant facing an upcoming hearing, don’t panic! You can get free legal help through the Tenant-Lawyer Connection Portal (TLCP) to prepare for your court appearance. And remember, landlords can’t physically remove you from the property, only the Sheriff can do that if the Board grants the eviction order.

A landlord may initiate the eviction process for various reasons, regardless of the type of housing you reside in, such as:

• Failure to pay rent on time or in full
• Paying rent late frequently
• Engaging in illegal activities on the property
• Overcrowding, which violates health and safety standards
• Causing disturbance or disruption to other tenants or the landlord
• Creating a safety hazard for other individuals
• Damaging the property or common areas

It’s important to be aware of these reasons and the potential consequences of your actions as a tenant.

The Eviction Process

The entire process of eviction can be broken down into 6 major steps that a landlord must follow to evict a tenant irrespective of the reason for eviction.

01Written notice

The initial step in the eviction process is for the landlord to provide the tenant with a written notice. This notice, known as a Notice of Termination, must specify the cause of the eviction and the date on which the landlord can initiate legal proceedings at the Landlord and Tenant Board.

The specific notice form required and the waiting period before applying to the Board varies depending on the reason for the eviction. These forms and accompanying instructions can be obtained from the Landlord and Tenant Board.

02Apply with the board

Once the tenant has been provided with the notice form, and the appropriate waiting period has elapsed, the landlord can proceed to apply with the Landlord and Tenant Board. This entails filling out a form named; Application to Terminate a Tenancy and Evict a Tenant, along with the submission of an application fee. The staff at the Landlord and Tenant Board office will schedule a hearing and prepare a Notice of Hearing form during this time.

03Notice of hearing

The next step in the process is for the landlord to deliver the Application and Notice of Hearing to the tenant. The notice must be given at least five or ten calendar days before the hearing, depending on the reason for the eviction. For instance, if the eviction is based on illegal activities such as trafficking, the notice period is five days, whereas if it’s for non-payment of rent, it is ten days.

04Certificate of service

To prove that the documents were delivered, the landlord must submit a form called the Certificate of Service, to the Landlord and Tenant Board office. This certificate must be filed within five days after the documents were provided to the tenant.

05Time for hearing

It is important for both the landlord and tenant to be present at the hearing. If the landlord or their representative is not present, their request may be denied. Similarly, if the tenant or their representative fails to attend, the hearing panel may decide without them.

06Order issued

If the decision of the hearing panel is in favour of the landlord, an eviction order will be issued. The order will indicate the date by which the tenant must vacate the property. If the tenant fails to comply with the order, the landlord must file it with the court enforcement officer to seek assistance from the sheriff in the eviction process. It is illegal for a landlord to evict a tenant or alter the locks without the presence of the sheriff.

It is worth mentioning that the Board may sometimes appoint a mediator to assist the landlord and tenant in resolving their issues. If mediation is unsuccessful in settling the dispute, it is typically brought before a hearing.

LEGAL FRAMEWORK

When it comes to the legal framework governing the eviction process, there are two main laws. These laws outline the rights and responsibilities of both landlords and tenants and provide a framework for resolving disputes. Understanding these laws is crucial for both landlords and tenants as it helps them navigate the eviction process and ensure that their rights are protected.

01Residential tenancies act, 2006

The Residential Tenancies Act, 2006 (RTA) is a law that governs the rights and responsibilities of landlords and tenants in the province of Ontario, Canada. The RTA sets out the rules for renting a residential property, including the rights and obligations of both landlords and tenants, the process for ending a tenancy, and the procedures for resolving disputes between landlords and tenants.

Some of the key provisions of the RTA include:

• Landlords are responsible for providing and maintaining a rental property that is in a good state of repair and fit for habitation. Tenants are responsible for keeping the rental property clean and not causing damage to it.
• Landlords must provide tenants with a copy of the RTA and any other relevant information such as a copy of the lease agreement.
• Tenants have the right to quiet enjoyment of the rental property and landlords are prohibited from entering the property without proper notice or consent.
• Landlords can only increase rent once every 12 months and must provide proper notice of any increase.
• Tenants can end a tenancy by providing proper notice to the landlord and landlords must provide proper notice to end a tenancy.
• Both landlords and tenants have the right to pursue disputes through the Landlord and Tenant Board, which is a quasi-judicial body that resolves disputes between landlords and tenants.

The RTA is intended to balance the rights and responsibilities of landlords and tenants and to provide a fair and efficient process for resolving disputes. However, it is important to note that the Residential Tenancies Act, 2006 (RTA) has been amended by the “Protecting Tenants and Strengthening Community Housing Act, 2020” (Bill 184) which changes some of the provisions of the RTA.

02Protecting tenants and strengthening community housing act, 2020

The Protecting Tenants and Strengthening Community Housing Act, 2020, also known as Bill 184, is a law that was passed in the province of Ontario, Canada in 2020. The bill makes a number of changes to the Residential Tenancies Act, which governs the rights and responsibilities of landlords and tenants in the province. Some of the key changes in the bill include:

• Allowing landlords to evict tenants for non-payment of rent without a hearing if the tenant has failed to pay rent for 14 consecutive days.
• Restricting the ability of tenants to file “bad faith” claims against landlords.
• Making it easier for landlords to evict tenants who are involved in illegal activities, such as selling drugs or committing other crimes, on the property.
• Limiting the amount of compensation that tenants can receive if they are evicted due to the landlord’s use of the property or renovation.

The bill has been widely criticized by tenant advocates and housing activists, who argue that it will make it harder for tenants to defend themselves against eviction and will exacerbate the already severe housing crisis in the province. Some landlords also criticize it, as it limits the amount of compensation they can get if they have to evict a tenant to use the property themselves or renovate.

These laws may vary from state to state or country to country, but they generally cover the grounds for eviction, notice requirements, and procedures for eviction. Both the landlord and the tenant need to be familiar with these laws and seek legal advice if needed.

WHERE to GET HELP?

The Landlord and Tenant Board(LTB) is the go-to authority for resolving disputes between landlords and tenants. They can provide you with valuable information about your rights and responsibilities under the Residential Tenancies Act, 2006. To get in touch with them, you can either contact them online or give them a call on their toll-free number (1-888-332-3234) from Monday to Friday between 8:30 a.m. and 5:00 p.m.

We strongly recommend you seek legal advice to understand your options. Community clinics provide free or low-cost information, legal advice, and representation. If you’re a landlord or tenant with a disagreement related to offenses under the Residential Tenancies Act, you can work with the Rental Housing Enforcement Unit to find a solution.