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A Guide to the Eviction Process in Ottawa, Ontario

A Guide to the Eviction Process in Ottawa, Ontario

As a landlord, you can evict a tenant under the Ontario landlord-tenant laws. However, you must follow a formal eviction proceedings to do so successfully. In today’s article, we’ll walk you through an overview of the process of evicting a tenant in Ontario. The following is the step-by-step process you must follow to evict a tenant from your Ontario rental property:

Notice for Lease Termination with Legal Cause

Landlords must have a legal cause to evict a tenant from their rental properties. The landlord must then use the right written notice depending on the kind of violation the tenant has committed. The written notice form is what landlords need to serve the tenant to ultimately kickstart the formal eviction procedure. Here are common reasons for tenant eviction in Ontario:

    • The tenant fails to make their rental payments. 

    • Inconsistent payments over time. 

    • Excessive rental unit damage outside the scope of normal wear and tear. 

    • Actions causing serious problems in the rental unit. 

    • Need for the landlord to move into the rental themselves or their family member. 

    • Committing illegal actions.

If a tenant has engaged in any of these violations, a landlord can begin the eviction process against them. Landlords should also familiarize themselves with Ontario’s rent deposit laws to understand how deposits are impacted by lease terminations. 

an eviction notice open on a countertop

Selecting the Right Eviction Notice

The next step would be to select the appropriate notice. They are as follows:

N4- Notice to End Tenancy for Non-Payment of Rent

Landlords will need to use this form to evict a tenant who has outstanding or unpaid rent. Before a landlord can make an application to the Landlord Tenant Board (LTB), they must give the tenant an advance warning. If the frequency of rent payment is less than bi-weekly, you must give the tenant at least 14 days’ notice. And if the frequency of rent payment is daily or weekly, a landlord must serve them a 7-day advance notice. 

N8 – Notice to End Tenancy at the End of a Term

If a tenant consistently pays rent late, landlords can serve them this notice to terminate their tenancy at the end of the term. If the tenant pays rent either daily or weekly, landlords must serve them an advance notice of at least 28 days. For tenants that pay bi-weekly, monthly, or annually, a 60-day notice is required. For tenants in a fixed-term lease, landlords must wait until their contractual period is over. 

N5 – Notice to End Tenancy for Damage, Interfering with Others, or Overcrowding   

A landlord will be required to use this type of eviction notification to evict a tenant who has violated certain lease terms. If warning the tenant for a first-time offence, landlords will need to serve them a 20-day advance notice. If warning them for the second time within six months, landlords will need to give them a 14 days’ notice. 

a bunch of brown moving boxes in front of a large window

N7 – Notice to End Tenancy for Causing Serious Problems 

Landlords will need to use this when looking to evict tenants for actions like seriously endangering other tenants or purposely causing serious rental unit damage. To terminate their lease, landlords need to serve the tenant with a notice form of at least 10 days. 

N12 – Notice to End Tenancy Because the Landlord Requires the Unit

This one is to evict a tenant so that the landlord (or their family member) can move in. Landlords will need to serve the tenant a minimum of 60 days before making a Landlord Tenant Board application. 

N6 – Notice to End Tenancy Due to Illegal Acts

This is for a case where the tenant has engaged in illegal activity. It could be that the tenant has either acted illegally or has operated an illegal business within their rental unit. Before landlords can move to the next step in the eviction exercise, they must serve the tenant a minimum of 10 days’ notice.

Serving a Tenant with an Eviction Notice in Ontario

Before serving notices to tenants, make sure it doesn’t contain any errors. Otherwise, you may be punished for improper eviction, which may delay the tenant’s eviction. Among other things, make sure the notices contain the following information for clarity:

    • The legal reason for the eviction

    • The date of the eviction. 

    • What the tenant must do within the notice period to avoid eviction.

a past due rent notice

There are also specific methods for serving an eviction notice in Ontario. The following are the options available to Ontario landlords:

Personally delivering the notice to the tenant. 

    • Using regular mail. 

    • Using a courier service. 

    • Through fax services. 

    • Posting the notice on a conspicuous area of the home if you can’t access them. 

Make sure to keep records of the kinds of violations committed as well as copies of the notices and proof of their delivery. 

File an Application with the Landlord Tenant Board and Attend the Hearing 

If the tenant refuses to correct the violation within the notice period, you can ask the LTB to end their tenancy. The Board will then schedule a hearing to evaluate the request and make an order. 

If the Ontario landlord get a favourable order, they must then file it with the Court Enforcement Office which will carry out the eviction on their behalf. Please note that, as a landlord, you cannot enforce an eviction order personally by trying to remove the tenant yourself. 

Bottom Line

Understanding the legal eviction procedure is vital to protect your rental business. If you have a question or need the expert help of a property manager, look no further than Stewart Property Management. We cater to property investors in Ottawa who are looking for personalized property management services. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.