Eviction Notices: How to Issue Eviction Notices

Eviction Notices

Eviction is a grave course of action and in Canada, landlords have to resort to legal procedures to be able to serve eviction notices in the most appropriate manner. This is regardless of whether you are a new landlord or a property manager, you should be aware of how to legally inform the tenants to eliminate any form of delays, disputes, or penalties.

This manual explains the process of serving eviction notice in Canada, including the legal provisions, the notice time frame, the acceptable modes of delivery and the provincial differences.

Knowing Eviction Notices

What Is an Eviction Notice?

Eviction notice is a written notice issued by a landlord to a tenant indicating the cause of eviction and the date before which the tenant should vacate. It is the initial legal action in eviction.

Common Reasons for Eviction

In Canada, some of the most accepted, legally based reasons to evict an individual include:

  • Non-payment of rent
  • Constant late payment of rent
  • Destroying the property
  • Illegal activity on the premises
  • The unit is needed by the landlord to use personally
  • End of lease.

There may be certain provincial regulations concerning a valid reason.

Legal Framework Across Provinces

In Canada, tenant legislation is controlled by the provincial level and this implies that the rules cannot be similar across all the places where the property is situated.

The important laws are:

  • Ontario: Residential Tenancies Act, 2006
  • British Columbia: Residential Tenancy Act
  • Alberta: Residential Tenancies Act
  • Quebec: Civil Code of Quebec
  • Saskatchewan, Manitoba and others: Provincial tenancy laws have effect.

Landlords ought to approach their province landlord-tenant board or other authority before they give an eviction notice.

Types of Eviction Notices

Every form of eviction notice has a purpose and period of notice.

Here are the most common:

Notice for Non-Payment of Rent

It is the most prevalent kind of eviction notice. The landlord is obliged to give a given number of days (depending on the province) within which the tenant has to pay the outstanding rent or move out.

  • Ontario: Form N4 – 14 days’ notice
  • BC: 10-Day Notice to End Tenancy

Notice for Cause (Behaviour or Breach of Lease)

This kind is applicable when the tenant is creating trouble like destroying property or annoying the neighbours.

  • Ontario: Form N5
  • BC: One-month notice for cause

Notice for Landlord’s Use

In certain provinces, the landlords are allowed to dislocate the tenants, in case they or one of their family members wishes to occupy the unit.

  • Ontario: Form N12 – 60 day’s notice
  • BC: Two month’s notice

Notice for End of Tenancy

In fixed-term leases, the lease normally expires automatically. But in certain provinces, a notice is also necessary to establish the termination of tenancy.

How to Serve a Notice of Eviction

It is important to serve the notice properly as much as it is important. The notice may be invalidated in case it is not served appropriately.

Step 1: Complete the Correct Form

Always take the official eviction notice form that is given by the tenancy board of your province.

Ensure:

  • The form is fully completed
  • Dates are accurate
  • The cause of eviction is very clear
  • You leave one of them so that you can have it on record.

Step 2: Pay the Due Notice Period.

The length of notice varies according to the eviction reason and your provincial legislation. For example:

  • Non-payment in Ontario: 14 days
  • Landlord’s own use in BC: 60 days

The clock begins the day when the notice is served.

Step 3: Provide the Notice in a Proper Way

Reasonable means of giving the notice are:

  • In person: Delivering it to the tenant.
  • Mail: Ordinary or registered mail (can be an addition to the notice period).
  • Email or Fax: This should be used only when the tenant has signed a document to get documents in this form.

Note: Text messages and oral notices are not valid.

Step 4: Wait for the Tenant’s Response

Once you have served the notice, allow time to the tenant to comply. Failure by the tenant to vacate or to remedy the situation within the notice period will ensure that the landlord can approach the provincial landlord-tenant board or tribunal to have an eviction order.

What Will Be the Case When the Tenant Fails to leave?

On the expiration of the notice period and the tenant is still occupying the unit:

Apply for a Hearing

File an application with the appropriate provincial authority.

For example:

  • Ontario: Landlord and Tenant Board (LTB)
  • BC: Residential Tenancy Branch
  • Alberta: RTDRS (Residential Tenancy Dispute Resolution Service)

Attend the Hearing

You’ll need to provide:

  • A copy of the eviction notice
  • Evidence that it was received well.
  • Photos, payment records, etc. to prove the cause of eviction.

Enforce the Order (If Granted)

In case the board issues an eviction order and the tenant nevertheless fails to move out, landlords need to employ a sheriff or bailiff to enforce the eviction order. It is unlawful to change locks or remove property on the part of landlords in order to evict a tenant.

Guidelines to the successful delivery of Eviction Notices

Stay Professional

Always maintain a straight, cool and professional communication.

Document Everything

Record payments, correspondence and the date and method of service of a notice.

Know the Law

Regularly review tenancy laws in your province. Laws can change over time.

Use Templates and Legal Help

It is advisable to use accepted templates and where appropriate a tenancy advisor or paralegal.

Common Mistakes to Avoid

  • Providing inadequate or wrong notice periods.
  • Inappropriate form or old version.
  • Not giving the notice in the right manner.
  • Trying to evict tenants without the use of the legal process.

Such errors may slow the eviction procedure and even lead to legal implications on the landlord.