Only communications from the landlord and tenant committee are legal. If a tenant receives another type of notification, it is not valid. Below are the different eviction notices you need to send to your tenant. Ontario has the longest deportation process in Canada. It can take up to three months for a tenant to be evicted. The most important factors for delays are: Evictions of tenants occur for many reasons. Here are some of them: An eviction order can only be enforced by the Court Enforcement Office of the Superior Court of Justice (also known as the « Sheriff`s Office »). The LTB does not enforce a prescription. Tenants may represent themselves at the hearing or be legally represented. It is important to find legal representation if you can access it. Only 2.6% of tenants attend a hearing with a lawyer. Find legal help. Each type of eviction form requires a different amount of time before the landlord can formally request to evict the tenant through the LTB.
In general, the deadlines are between 7 and 60 days of notice. It is best to read the instructions on the form. If a tenant is illegally locked out and the unit is still empty, the tenant can apply to the LTB for an order directing the landlord to let them return to the unit. Gather information about why you are planning an eviction before moving on to the next step in the eviction process. Try to get legal advice before you go to mediation and before going to a hearing. If the tenant does not move after receiving the termination of the tenancy, the landlord can apply to the LTB to terminate the lease. The LTB decides on the end of the lease after a hearing. The landlord and tenant can attend the hearing and explain their side of the story to an LTB adjudicator. Let`s review the right times to consider eviction, how to evict a tenant in Ontario, and other tips you need to know. For more information about deportation for these reasons, see the following sections.
Yes. A landlord can still serve an eviction notice during the pandemic. A landlord can apply to evict the LTB if they give the tenant valid notice of termination. What it is: This notice applies to individuals who receive income-related rent subsidies or other shelter allowances where the amount of rent is determined based on reported income. This can be grounds for eviction if it is determined that a tenant is earning more income than reported OR that a tenant or their guests have done something illegal on the property. The Community Eviction Prevention (CPTE) program is a proposed program that provides comprehensive eviction prevention services to assist tenants who are at risk of imminent eviction. Landlord and Tenant Committee Form N are notices to inform tenants of a landlord`s intention to apply to the LTB (Form L). A tenant is not required to act upon receipt of a notice of termination unless the tenant is able to declare the termination invalid (for example, by paying rent due). Receiving a notification does not mean that they have been distributed. A tenant does not have to move.
If you don`t move, your landlord can only evict you by applying to the Landlord and Tenant Committee for an eviction order. You have the right to challenge this request and to be heard by the House. Ontario landlords pay about $2,600 out of pocket when they evict a tenant. This amount includes legal, court and sheriff`s fees. However, when lost rent is taken into account, landlords lose an average of $9,000 more. This equates to a cost of $11,500 per eviction in Ontario. Given the high fees, some landlords are considering rental income insurance to ensure they receive rent payments if their tenant doesn`t pay. Third, the landlord must provide the tenant with a copy of the application and notice of hearing at least five or ten calendar days before the hearing, depending on the basis of the application. For example, if the landlord evicts the tenant because the tenant is involved in an illegal act involving human trafficking, it is five days, if the reason for the eviction is non-payment of rent, it is ten days.
To learn more about the eviction process, see the CLEO resource Fighting Eviction. These forms can be found on CLEO`s website, and if you follow the method described therein, you and your tenants can have a clear understanding of what happens when the eviction takes place and what other details need to be communicated. Recommended: Learn about tenants` rights online, seek advice from a legal clinic. Tenants can also talk to tenants in the same building to get organized. In some cases, the Landlord and Tenants Committee may issue an eviction order without holding a hearing – for example, if the Board has already issued an eviction order against you and you have not moved.