When it comes to the landlord-tenant relationship, Ontario has one of the strictest justice systems. The landlord-tenant act is the legal framework that ensures that tenants are protected from some landlords. The same law also has a provision for landlords to get rid of tenants that are not keeping to their end of the tenancy agreement. It also gives the landlord the right to evict a tenant for particular reasons other than irresponsibility on the part of the tenant.
To evict a tenant from a rental unit, a landlord needs to follow the provisions of the Landlord Tenant Act in Ontario. Here, we will consider six essential tips that will be helpful while evicting a tenant.
There Must Be a Tangible Reason for the Eviction
The first step towards evicting a tenant is to have a tangible reason to evict him/her. Defaulting on rental obligation may be the most popular reason, but there are some other reasons you may want to evict your tenant but make sure the Landlord Tenant Act in Ontario permits them.
Give the Tenant a Notice to Terminate Tenancy in Time
Once you are sure that you want to evict a particular tenant, it is imperative that you notify the tenant in time. Do not just tell the tenant about your desire to evict him/her, put your intent into writing and serve the notice to the tenant. You should also keep a copy for reference purposes
File Eviction with the Landlord Tenant Board in Time and Present the Reason for Eviction
The landlord-tenant board (LTB) oversees the relationship between landlord and tenant and will have to give the final verdict about your move to evict your tenant. File the eviction application in time and attend the hearing when it comes up.
Do Not Take the Tenants Belongings Out Of the Apartment
Taking the tenants things out is something you should never do. It is against the law and may land you in some trouble. No matter the relationship with the tenant, avoid confrontation and never remove his/her belongings.
Do Not Change the Lock of the Rental Unit
You are also not allowed to change the lock of the rental unit when the tenant’s belongings are still in the unit. While the eviction process is ongoing, you need to stay away from the property until the tenant is entirely evicted.
Go To the Sheriff to Conduct the Eviction Process
After the hearing, if the LTB rule in your favor and grant your request to have the tenant evicted, you need to get the sheriff to conduct the eviction. It is only the sheriff that has the right to do this, and it is after the tenant has moved out that you can change the lock of the unit if you wish to.
You need to understand the provisions of the Landlord Tenant Act in Ontario before taking any action against your tenant. The above are a couple of tips to help. Nonetheless, if you need an experienced paralegal to help you get rid of your troublesome tenants, contact us today at Civil Litigations Paralegal Services. We are always at your service.Landlord Tenant Act Ontario