Eviction

Written by Shlomo Sharon | 05 July 2014

The Renter's Guide

There is a point in the life of some renters which is extremely uncomfortable for both the renter and the landlord:  Eviction. This can be as a result of: financial difficulties that a renter has encountered, sometimes as a result of misbehaviour by the renter and/or his guests causing damage to the unit or the building, it can also be as a result of interference with the peaceful enjoyment of the other tenants in the building, to name a few.  All these reasons can be categorized as "fault issues".  It can also be due to what can be described as a "non- fault issue" of the tenant, such as: the landlord needs the rental unit for his/ her own use or for a member of the landlord’s close family who wishes to move into the unit, or sometimes due to a major renovation or conversion of the building to a condominium.

In all these situations, there may be a need to evict the tenant.  However, the Residential Tenancies Act, 2006 outlines the procedures and steps to be followed in each of these scenarios.  In each of the above situations, before the landlord applies to terminate a tenancy, a specific form (which varies depending on the reason of termination) will be required to be issued by the landlord, which in effect will be the commencement of the ending a tenancy. The notice will spell out the reason for this action.  The most common eviction notice is for non payment of rent (N4).  It is important for me to state here that despite the impression out there, landlords are not heartless and everyone understands that financial difficulties can happen to all of us.  I would recommend that in such circumstances to immediately approach your management company or your landlord and advise them of the fact that you will not be able to pay the month’s rent.  You should consider what financial arrangements you can make and advise him/her at the same time.

You should not be surprised that a good landlord will show an understanding and will try his best to work with you.  However, if you have chosen to ignore it, and you just do not pay the rent which was due, or the landlord is unwilling to cooperate with you, the eviction process will begin.  The landlord will have to wait a specific number of days, which are set in the notice, to allow the tenant to correct the issue.  It is important for the tenant to read the notice to see what the reason for the notice is, and if there is any room for discussions with the landlord and if the matter can be corrected.  The tenant can also call the Landlord and Tenant Board to learn more as to what can be done.  It is only at the end of this period, and if the tenant has not yet corrected the issue or did not move out, then the landlord can open an application for eviction with the Landlord and Tenant Board.  Once the application is filed, a hearing date will be set by the Landlord and Tenant Board.  If the Landlord does not attend the hearing or sends a representative on his behalf, the Board may dismiss the application.  If the Tenant does not go to the hearing or sends a representative to represent them, the Board can decide the application without them.   At the hearing, all the parties involved will attend and will be able to present their case.  At the end of the hearing a decision will be made.  If an eviction order is issued, the tenant will be told when he must move out of the unit.  If the tenant does not move out, then the landlord can file the order with the Sheriff, who is the only one who can evict a tenant.  It is not uncommon that even after the notice is issued, that a settlement can be reached.

 

 

Shlomo Sharon is CEO of Taft Management Inc. and a member of CCI since 2002. Taft Management Inc. is an ACMO 2000 Certified Property Management Company and has been providing property management services since 1996. Visit the website www.taft-forward.com for further information or email him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .