Evicting a tenant is a serious matter, and it is important for landlords to follow the correct legal procedures. The eviction process can vary depending on the province or territory in which the rental property is located, but there are some general steps that all landlords must follow.
Provide the tenant with written notice. The landlord must provide the tenant with written notice of the termination of the tenancy. The notice must specify the reason for the eviction and the date on which the tenant must vacate the premises. The notice period required will vary depending on the reason for the eviction, but it is generally at least one month.
File an application with the Landlord and Tenant Board (LTB). If the tenant does not vacate the premises by the date specified in the notice, the landlord can file an application with the LTB for an order to evict the tenant. The landlord must provide evidence to the LTB that they have complied with all of the legal requirements for eviction.
Attend a hearing before the LTB. Once the landlord has filed an application with the LTB, a hearing will be scheduled. The landlord and the tenant will have the opportunity to present their evidence to the LTB member.
Receive an eviction order. If the LTB member finds in favor of the landlord, the LTB will issue an eviction order. The eviction order will specify the date on which the tenant must vacate the premises.
Enforce the eviction order. If the tenant does not vacate the premises by the date specified in the eviction order, the landlord can contact the Sheriff’s Office to have the tenant evicted.
Here are some additional things to keep in mind about evicting a tenant in Canada:
- Landlords cannot evict tenants without following the legal procedures outlined above. It is illegal for landlords to change the locks on the rental property or to remove the tenant’s belongings without the tenant’s consent.
- There are some exceptions to the eviction process. For example, landlords may be able to evict tenants without notice in certain cases, such as if the tenant has abandoned the property or if the tenant has caused serious damage to the property.
- Tenants have certain rights during the eviction process. For example, tenants have the right to a hearing before the LTB and the right to be represented by a lawyer.
If you are a landlord and you need to evict a tenant, it is important to seek legal advice to ensure that you are following the correct procedures.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.