Welcome to Condo’s Corner!

Brought to you by Daulton Read, President of Read Property Management

Issue #13

Get ready for a weekly dive into condo living like never before with Condo’s Corner! Speaking from my perspective as a Condominium Manager, my goal is to entertain and provide valuable management insights and stories that can help you live your condo life a bit better—all with a little bit of wit, charm, and practicality.

When Can a Landlord Evict a Tenant?

Being a landlord or property manager in Ontario means knowing the ins and outs of the eviction process. It’s not just about following the rules—it’s about keeping things fair, legal, and respectful while handling tough situations. So, let’s dive into what you need to know to navigate tenant evictions with ease!

Why Knowing the Eviction Process Matters

Understanding the eviction process puts you in the driver’s seat. It lets you:

• Handle tenant issues quickly and confidently.

• Enforce lease agreements without unnecessary drama.

• Keep your rental property a safe and controlled environment for everyone.

Knowledge is power, and in this case, it’s the key to running a smooth operation.

Legitimate Reasons for Eviction in Ontario

In Ontario, landlords can evict tenants for specific reasons laid out in the Residential Tenancies Act (RTA). Here are some of the most common ones:

• Non-payment of rent: When tenants are late or skip out on paying their rent.

• Breaking lease terms: Clearly violating the rules outlined in the lease agreement.

• Illegal activities: Conducting unlawful acts on the property.

• Property damage: Causing serious damage beyond normal wear and tear.

• Disturbing others: Constantly disrupting the peace for other tenants.

• Unauthorized subletting: Subletting without your approval.

But remember, there are certain lines you can’t cross, and tenants do have important protections in place for these reasons—like evicting someone out of retaliation or discrimination based on race, religion, disability, or because their current rent is too low compared to market rates. Those are big legal no-nos.

Types of Eviction Notices

When it’s time to act, you need to serve the right eviction notice. Here’s a quick breakdown:

• N4: Late rent payments.

• N5: Damage, interference, safety risks, or overcrowding.

• N6: Income misrepresentation for Rent-Geared-to-Income tenants.

• N7: Illegal activities.

• N8: Persistent late payments.

• N12: Landlord’s or buyer’s use of the unit.

• N13: Demolition, conversion, or major renovations.

Each notice has its own specific set of rules and procedures, so make sure you’re using the correct one for the situation. For example:

• In Ontario, an N12 notice requires the landlord or an immediate family member to move into the unit, or the purchaser of the property intends to do so. This must be genuine and in good faith.

• When issuing an N13 for major renovations, landlords must also provide the tenant with the right to return to the unit at the same rent (in rent-controlled units) once the work is completed. This process is referred to as the “right of first refusal.”

You can take a look at all of the notices here: https://tribunalsontario.ca/ltb/forms-filing-and-fees/#panel1 

The Eviction Process: Step by Step

Here’s how to handle an eviction from start to finish:

1. Serve the Notice: Hand over the appropriate notice following the LTB’s guidelines. Get this part right—it sets the tone for everything else.

2. File with the Landlord and Tenant Board (LTB): If the tenant doesn’t comply, take it to the LTB and file an application (there is a small fee).

3. Attend the Eviction Hearing: Schedule the eviction hearing, where both sides will present their case. Bring all your documentation and evidence to back up your claim.

4. Get the Eviction Order: If the LTB rules in your favour, they’ll issue an order with a move-out date for the tenant.

5. Enforce the Order: If the tenant still doesn’t leave after obtaining an eviction order from the LTB, landlords cannot enforce it themselves. They must engage the Court Enforcement Office (Sheriff) to carry out the eviction. This is a critical distinction in Ontario.

Sticking to the process is essential to avoid unnecessary headaches or legal trouble.

Legal Tips to Keep in Mind

• Seek Legal Advice: You don’t have to go it alone. A good lawyer can be your best ally, especially in tricky situations.

• Consider Mediation: Sometimes, talking it out can save time, money, and stress. Mediation or negotiation can be a solid Plan B before heading to the LTB.

Final Thoughts

Evictions aren’t fun for anyone, but knowing the process and following the rules makes it manageable. Stay professional, stick to the law, and always keep the lines of communication open. When in doubt, don’t hesitate to get legal advice—it’ll save you time and stress in the long run.

Let’s Hear It From You!

Do you have a condo tale to tell or burning questions about condo living? Don’t be shy—share ’em with me! Whether it’s a funny story, a management mystery, a celebratory story, or just a nightmare, we’re all ears. All you need to do is reply to this email so we can keep the content coming.

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