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What Legal Ways Can I Evict A Tenant?

Landlords may evict tenants for non-payment, property damage, illegal activity, disturbances, or personal use, but only through proper LTB notices and procedures.

Legal Grounds for Eviction

  • Non-payment of rent: Serve a Form N4. If rent isn’t paid within the timeframe, apply to the Landlord and Tenant Board (LTB).
  • Property damage or disturbances: Use Form N5. The tenant may fix the issue; if not, you can proceed to the LTB.
  • Illegal activity: Serve Form N6 for topics such as drug-related activity or criminal conduct.
  • Personal use: Serve Form N12 if you or an immediate family member plans to move in. This requires at least 60 days’ notice, plus compensation equivalent to one month’s rent (or the offer of an alternative unit).
  • Major renovations or demolition: A Form N13 may be issued if extensive work necessitates the unit’s temporary vacancy. Tenants generally have the first right of refusal to renew their lease.

Key Procedures to Follow

  • Proper notice: Use the official LTB forms and respect the timelines.
  • Tenant rights: Tenants may remedy specific issues (like rent arrears or disturbances) before eviction can proceed.
  • LTB application: If the tenant doesn’t comply, landlords must apply to the LTB and attend a hearing before an eviction order is issued.

Why Compliance Matters

Skipping legal steps or using the wrong form can void an eviction and even expose landlords to penalties. Following the Residential Tenancies Act ensures fairness and protects both parties.

The Fox Marin Team works with landlord clients to understand Ontario’s eviction laws so they can manage tenancies effectively, legally, and with confidence.

 


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