Document evidence, notify the police, issue a Form N6 termination notice, and file with the Landlord and Tenant Board (LTB) to seek eviction.
Gather and Document Evidence
The process starts with clear documentation. Take photos or videos (if safe), collect witness statements, and keep written records of any activity that supports your claim. Substantial evidence is critical if the matter escalates to the LTB.
Contact the Authorities
If you suspect drug activity, theft, or other criminal behaviour, call the police immediately. Law enforcement protects tenants’ safety and provides official reports you can use in legal proceedings.
Issue a Form N6 Notice
Once you have evidence and the authorities are involved, serve the tenant with a Notice to Terminate Tenancy Early for Illegal Acts (Form N6). The notice must include details of the activity and comply with Ontario’s legal notice requirements.
File With the Landlord and Tenant Board
After serving notice, apply to the LTB for a hearing. Be prepared to present your documentation, any police reports, and correspondence with the tenant. The LTB will determine whether eviction is justified.
Comply With the LTB Decision
If eviction is granted, follow the order precisely. If it is denied, consult a legal professional about next steps. Taking matters into your own hands—such as locking out the tenant—is illegal and could expose you to liability.
Secure the Property and Prevent Future Issues
After regaining possession, inspect and repair the property. Consider updating locks, installing security features, or addressing damage. To mitigate the risk of future issues, conduct thorough tenant screening, perform regular inspections, and maintain open and transparent communication with tenants.
The Fox Marin Team can assist landlords with serious tenancy issues, ensuring compliance with Ontario’s Residential Tenancies Act and protecting their investments. Fox Marin also has an extensive network of trusted lawyers and paralegals with a deep understanding of the LTB and the rights of landlords.
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