Introduction to Eviction Laws in Ontario
In Ontario, landlords can evict tenants if they have a legal reason according to the Residential Tenancies Act (RTA). Evictions generally occur when the tenant violates the lease agreement or engages in unacceptable behavior. The RTA outlines the specific grounds and procedures landlords must follow, ensuring a fair and transparent process for both parties.
Valid Reasons for Eviction
Tenants can be evicted for several reasons, including:
- Non-Payment of Rent: Consistently late rent payments or missing rent altogether can lead to eviction. Landlords must issue a Notice to End your Tenancy Early for Non-payment of Rent (Form N4), giving the tenant 14 days to pay the outstanding rent or move out.
- Illegal Activities: Engaging in illegal activities on the rental property by the tenant or their guests can result in eviction. The landlord can issue a Notice to End your Tenancy for Illegal Acts or Misconduct (Form N6).
- Property Damage: Significant damage caused to the property by the tenant or their guests can lead to eviction. Landlords must serve a Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex (Form N7).
- Disturbances: Creating unreasonable disturbances for the landlord or other tenants can result in eviction. Landlords can issue a Notice to End your Tenancy for Interfering with Others, Damage, or Overcrowding (Form N5).
- Overcrowding: Having more occupants than allowed in the rental unit is grounds for eviction. The Notice to End your Tenancy for Overcrowding (Form N5) can be issued if the number of occupants exceeds the limits set by municipal bylaws.
- False Information: Providing false information about income during the rental application process can lead to eviction.
- Personal Use by Landlord: The landlord or their immediate family needing to move into the rental unit is a valid reason for eviction. The landlord must issue a Notice to End your Tenancy Because the Landlord, a Purchaser, or a Family Member Requires the Rental Unit (Form N12).
- Demolition or Conversion: Plans by the landlord to demolish, renovate extensively, or convert the rental unit to a different use can result in eviction. The Notice to End your Tenancy for Demolition, Repairs, or Conversion (Form N13) must be provided.
Occupancy Limits
The Canadian National Occupancy Standards (CNOS) help determine if a rental unit is overcrowded. According to these standards:
- Each adult couple (18+) requires their own bedroom.
- Each single adult (18+) also needs a separate bedroom (e.g., three adults would need a three-bedroom apartment).
- Children under 5 can share a bedroom with another child under 5.
- Children aged 5-17 can share a bedroom if they are the same gender.
For example, a family with two parents and two sons aged 4 and 6 would need at least two bedrooms.
Eviction Procedures
Landlords cannot forcibly remove tenants from their homes. They must apply to the Landlord and Tenant Board (LTB) and follow the formal eviction process. A hearing is usually held, and only if the board approves the eviction can the Sheriff enforce it. This ensures that the tenant’s rights are protected and the eviction is carried out legally.
Accessing Legal Help
Tenants facing eviction can seek free legal assistance through the Eviction Help: The Tenant-Lawyer Connection Portal (TLCP). The Navigate Tribunals Ontario online tool is also available to help tenants and landlords understand their rights and responsibilities, offering guidance on the rules established by the Landlord and Tenant Board.
Summary
- Legal Grounds for Eviction: Violations of the lease agreement or unacceptable behavior by the tenant.
- Common Eviction Reasons: Late or missed rent payments, illegal activities, property damage, disturbances, overcrowding, false income claims, personal use by the landlord, and planned property changes.
- Occupancy Limits: Specific bedroom requirements based on age and relationship status as per CNOS.
- Eviction Process: Requires a hearing by the Landlord and Tenant Board; only the Sheriff can enforce eviction.
- Legal Assistance: Free legal help from TLCP and resources via Navigate Tribunals Ontario online tool.
Understanding the legal grounds for eviction and the associated processes ensures that both landlords and tenants can navigate the eviction process fairly and legally in Ontario.
Last modified: June 28, 2024
