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Landlord And Tenant Act Ontario Explained From A-Z | Civil Paralegal

Eviction is the process of legally removing a tenant from your land or rental unit. If you are the owner of a property and want to seek an eviction, then you are the "Applicant." The tenant who is being asked to leave is the "Respondent." In Ontario, the Landlord Tenant Board resides over eviction hearings. There are a few things you should know about the Landlord and Tenant Act Ontario before you file an eviction, and Civil Paralegal can help.

Reasons Behind an Eviction

There are several reasons a landlord can apply to the Board to evict a tenant, but first, the landlord must give his/her tenant a notice of termination and tell the tenant what the problem is. Failure to pay rent is the most common reason landlords evict tenants. If rent is late, or if the full amount of rent is not paid by midnight on the day the money is due, the landlord can ask the tenant to move or demand that the tenant pay what's owed.

Regardless of the reason for eviction, the landlord must submit a notice to the tenant in writing, which is known as the Notice to End a Tenancy Early for Non-Payment of Rent form, also known as an N4. Once the landlord has given the tenant proper notice, the tenant must either pay what they owe or move in response, or the landlord may apply to the Board to evict and to collect the balance of rent that the tenant owes.

Notice to End a Tenancy Early for Non-Payment of Rent

Without this form being submitted to a tenant, an eviction cannot take place. The N4 form tells the tenant three things primarily:

  1. How much money the landlord thinks the tenant owes him/her.
  2. A date by which the landlord demands the tenant pay the overdue rent by
  3. At statement declaring the landlord's intention to apply to the Board for eviction if the tenant does not respond to the notice.

If the tenant doesn't pay, the landlord must apply using the proper form. It is called an Application to Evict a Tenant for Non-Payment of Rent and to Collect the Rent the Tenant Owes. Once this form has been submitted, the Board will schedule a hearing. Here are the steps in this process:

  1. Landlord files an application with the board
  2. Landlord, agent, or attorney must give the tenant a copy of the application and the notice of the hearing
  3. These documents must be given to the tenant at least ten days before the hearing

Hearing Day

At the hearing, a member of the Board will be in charge. Here are a few tips to take note of that can help you in your hearing:

  • Arrive a half-hour early
  • Sign the record of attendance
  • Bring supporting documents
  • Present your case well
  • You may have to wait for your judgment in the mail, although the Board typically gives their decisions immediately

You and the tenant will be called before the member, and both of you will be given a chance to present your side of the events. Remember, no matter how frustrated you get with your tenant, you should always behave ethically. This will help you in your hearing. To learn more about the Landlord and Tenant Act Ontario or to get help filing your eviction, contact Civil Paralegal in Ontario today.

Landlord And Tenant Act Ontario

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