Evictions in the Ontario Landlord Tenant System

By Puneet Shroff

Disputes between landlords and tenants in Ontario are governed by the Residential Tenancies Act and handled through the Landlord and Tenant Board. The Board plays a vital role in resolving disputes between landlords and tenants through mediation or adjudication. It also resolves eviction applications from non-profit housing co-operatives. 
Eviction is a legal procedure that landlords must follow to remove a tenant from their property. For tenants, understanding this process is crucial to defend against unjust eviction attempts. This article provides an overview of the eviction process.

Reasons for Eviction

Before you can initiate the eviction process, it's crucial to establish a legal ground for eviction. The Residential Tenancies Act outlines a number of valid reasons for eviction:

1. Non-payment of Rent: If a tenant fails to pay rent, it's a clear violation of the rental agreement.
2. Persistent Late Payments: If a tenant consistently pays their rent late.
3. Illegal Activities: If a tenant or their guest engages in illegal activities on the property.
4. Damage to Property: If a tenant causes significant damage to the property or creates safety hazards.
5. Overcrowding: If the number of occupants in the unit exceeds the health, safety, or housing standards.
6. Landlord, Purchaser or Family Member Requires the Unit: If the landlord, purchaser, or a close family member requires the unit for personal use. This ground is often misused, and the landlord must genuinely intend to use the unit for at least a year.
7. Demolition, Conversion, or Major Repairs: If the landlord plans to demolish the building, convert its use, or carry out significant repairs or renovations that require the unit to be vacant.

Serving an Eviction Notice

The first step in the eviction process is to serve the tenant with a written notice. The notice should be an approved form from the Landlord and Tenant Board, filled out with all the necessary details. The notice should clearly state the reason for eviction and the date the tenant is expected to vacate the property. In-person service, courier or mail are common forms of valid service; however, email is only a valid form of service if the tenant has agreed to receive notices via email in the lease agreement or has signed the LTB Consent to Service by Email form.

The eviction notice can take various forms depending on the reason for eviction:

• Form N4 is used for non-payment of rent.
• Form N5 deals with cases where the tenant has caused damage, interfered with others, or overcrowded the unit.
• Form N6 is used when the tenant or their guest has committed an illegal act.
• Form N7 is for serious impairment of safety.
• Form N12 is for when the landlord or a purchaser requires the unit for personal use.
• Form N13 is for when the landlord intends to demolish or convert the unit, or do major repairs.

The landlord must ensure that they use the correct notice and fill it out accurately to ensure that the tenant receives all the necessary information.

Filing an Application with the Landlord and Tenant Board

If the tenant fails to rectify the situation or move out within the specified period, the landlord can escalate the eviction process by applying to the Landlord and Tenant Board (LTB).

The landlord needs to fill out an application explaining their issue in detail. This Application can be mailed to the LTB or filed through the online portal. The application should include the reason for eviction, the details of the rental agreement, and any evidence supporting the claim.

Attending the Hearing

After the landlord submits the application, the LTB will schedule a virtual hearing. Both the landlord and the tenant will get a chance to present their case before an LTB adjudicator. The landlord and tenant should have all the necessary documents and evidence to support their respective case.

Parties Involved in the Hearing

• The Member: The individual who oversees the hearing.
• The Applicant: The individual who filed the application.
• The Respondent: The individual named in the application.
• Witnesses: Individuals who can provide relevant information about the situation.
• Representatives: Lawyers or Paralegals who represent the parties during the hearing.

Receiving the Eviction Order

After the hearing, the LTB will decide whether to issue an eviction order. If the LTB issues an eviction order, the tenant must leave the property by a specific date. If the tenant fails to leave the property by the specified date, the landlord can enforce the eviction order with the help of the Sheriff's Office.

Enforcing the Eviction Order

If a tenant refuses to vacate the property even after receiving an eviction order, the landlord must enlist the services of the Sheriff's Office to enforce the eviction legally. The landlord cannot personally enforce an eviction order, change the locks, or remove the tenant's belongings.

Tenant Defenses Against Eviction

Tenants can defend against eviction by:

• Paying the outstanding rent before the hearing
• Proving the eviction notice was based on incorrect information
• Demonstrating that the landlord did not fulfill their maintenance obligations
• Providing evidence of the landlord's retaliation or discrimination
• Showing that the landlord's claim for personal use is not made in good faith

Conclusion

Eviction is a serious legal process that impacts all involved. Landlords must strictly adhere to the legal protocol, and tenants should understand their rights to defend against unjust eviction. Contact Puneet Shroff from our office at pshroff@sorbaralaw.com for assistance with your landlord-tenant queries.