What you need to know about evicting a renter

Evictions and the law

In this day and age, a landlord cannot by law just evict a renter from their property, unless there is a valid and legal reason. These may relate to property management issues, such as:

  • Late or non-payment of the rent
  • The tenant or their guests damage the property
  • Behavior that disturbs and affects other tenants
  • The property owner requires it for personal use.

However, despite a landlord having a valid reason for eviction, if the tenant refuses to vacate the property a landlord or the residential property management representatives must then adopt the appropriate legal process.

The legal aspect

There are in effect steps that can be taken in residential property management to evict a tenant, with the first being an official form of Notice of Termination. This will clearly state the reason(s) for the eviction process and when the landlord or their representatives will commence legal action with the Landlord and Tenant Board.

The type of notice form will vary as will the number of days a landlord must wait before applying to the Board, according to the reason for eviction.

Following the expiration of the termination notice date, property management is permitted to apply to the Board for a hearing date. The landlord must file the appropriate form with the Board with an application fee and a hearing date will then be allocated. 

Engaging the renter

The Landlord Tenant Board will send a copy of an Application and Notice of Hearing to the tenant prior to the hearing.  At the hearing there is an opportunity for non binding arbitration, failing which the matter is heard by the adjudicator.  If it’s determined that an Eviction Order should be issued, the tenant must vacate the property by a specified date. Should residential property management be confronted with the tenant refusing to conform to the Eviction Order, the order must be filed with the Court Enforcement Office (Sheriff’s Office).

Keep in mind that a landlord is not allowed to evict a tenant or change locks without the Sheriff being present.