How Quickly Can a Landlord Evict a Tenant in Ontario?

How Long Does the Eviction Process Take in Ontario?

Eviction is a serious matter that can have significant consequences for tenants. It is essential for tenants to understand their rights and responsibilities under Ontario law, particularly when it comes to eviction processes. This article will provide a clear and concise guide to eviction procedures in Ontario, explaining how quickly a landlord can evict a tenant and outlining the steps involved.

Understanding Eviction Notices

Before a landlord can legally evict a tenant in Ontario, they must provide a written notice that complies with the Residential Tenancies Act, 2006 (RTA). This notice must specify the reason for eviction and the time frame within which the tenant must vacate the premises. There are various types of eviction notices, each with its own requirements and timelines.

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Types of Eviction Notices

• N11 Notice:

  This is the most common type of notice, used when a tenant is in arrears with rent. The landlord must provide at least 14 days’ notice before commencing eviction proceedings.

• N12 Notice:

  This notice is used when a tenant has violated the terms of their lease agreement, such as failing to maintain the property or engaging in illegal activities. The landlord must provide at least 10 days’ notice before commencing eviction proceedings.

• N13 Notice:

  This notice is used when a tenant has not paid rent or violated the lease agreement, and the landlord has already filed an application with the Landlord and Tenant Board (LTB) for an eviction order. The landlord must provide at least five days’ notice before commencing eviction proceedings.

• N15 Notice:

  This notice is used when a landlord intends to occupy the property for personal use or to demolish or renovate it. The landlord must provide at least 60 days’ notice before commencing eviction proceedings.

• N18 Notice:

  This notice is used when a landlord intends to end the tenancy at the end of the term and the tenant does not have a fixed-term lease. The landlord must provide at least 60 days’ notice before the end of the tenancy.

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The Eviction Process

The eviction process in Ontario can be lengthy and complex, but there are specific steps involved:

1. Notice of Termination

As explained previously, the landlord must provide a valid notice of termination to the tenant. The notice period for each type of notice varies, as does the required reason for termination.

2. Application to the LTB

If the tenant does not vacate the premises within the notice period, the landlord can apply to the LTB for an eviction order. The landlord must provide evidence supporting their application.

3. Hearing

The LTB will schedule a hearing to allow both parties to present their case and provide evidence. The hearing is an opportunity for the tenant to argue against eviction and present any defenses they may have.

4. Eviction Order

If the LTB finds in favor of the landlord, it will issue an eviction order. The order will specify the date by which the tenant must vacate the premises.

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Enforcement of an Eviction Order

Once an eviction order has been issued, the landlord can seek enforcement from the Sheriff’s office. The Sheriff will arrange for the tenant’s belongings to be removed from the premises and will change the locks.

How Quickly Can a Landlord Evict a Tenant in Ontario?

The time it takes for a landlord to evict a tenant in Ontario depends on several factors, including the type of eviction notice, the grounds for eviction, and the tenant’s response to the process. However, it is generally a lengthy process.

The shortest timeframe occurs when a tenant has already been served with an N13 notice (which requires a five-day notice) and has not paid rent or addressed lease violations. In these cases, the eviction process may be completed within a few weeks.

However, if a tenant challenges the eviction through a hearing at the LTB, the process could take months or even longer. The LTB has a backlog of cases, and scheduling a hearing can take time.

Defenses Against Eviction

Tenants have various defenses against eviction, including:

• Invalid Notice:

  If the landlord has not served a valid eviction notice or the notice does not comply with the RTA, the tenant may be able to defend against the eviction.

• Unreasonable Rent Increase:

  If the landlord has raised the rent without proper justification or has increased the rent to an unreasonable amount, the tenant may be able to defend against the eviction.

• Retaliatory Eviction:

  If the landlord is trying to evict the tenant in retaliation for something the tenant has done, such as complaining about the condition of the property, the tenant may be able to defend against the eviction.

• Discrimination:

  If the landlord is trying to evict the tenant based on their race, religion, gender, or other protected characteristics, the tenant may be able to defend against the eviction.

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Conclusion

Understanding the eviction process in Ontario is crucial for tenants, as it helps them navigate their rights and responsibilities during a difficult situation. While the process can be lengthy and challenging, tenants have recourse through the LTB and can defend against evictions if they have valid grounds to do so. It is important to seek legal advice if you are facing eviction proceedings and understand your rights and options. [1]