Eviction Process Explained: A Step-by-Step Guide for Landlords

Being a landlord, evicting a tenant is one of the most challenging experiences you can ever find yourself in. Evictions may be stressful and complicated, however, knowing how the process works and adhering to the right legal procedure is essential in safeguarding your rights and making the process smooth. Eviction laws are different in each province in Canada, and therefore it is important to use the proper procedures in your region. This guide gives an overview of the eviction process, including all the steps that landlords must follow in order to evict a tenant properly and legally.

Understand the Grounds for Eviction

Common grounds for eviction include:

Failure to pay rent: In case the rent has not been paid on time and the tenant does not want to pay even after being reminded.

Breach of lease agreement: Breaking the clauses of the lease, like damaging the property, disruptive behaviour, or unauthorized people.

Termination of lease: In other instances, tenants might be required to vacate at the expiry of their lease period, and they have not signed a new one.

Landlord requires the property: In case the landlord requires the property to use himself or to sell the property.

Issue a Notice of Termination

After you have found valid reasons to evict, the next thing to do is to inform the tenant officially.

The termination notice should be in written form and it should contain certain details including:

• The reason for the eviction
• The date when the tenant should leave the property
• The notice period (which can be different according to the cause of eviction and the local legislation)

Types of Notices

Non-payment of rent: A termination notice should be issued in most cases once a tenant defaults in paying rent after a certain duration (e.g. 14 days). This is a warning to the tenant to pay or be evicted.

Other lease violations: In case the tenant has violated the lease agreement, you might want to give him/her a notice mentioning the violation and a time limit to correct the situation.

Give the Tenant Time to Resolve the Issue

You might be obliged to provide the tenant with an opportunity to correct the situation depending on the cause of eviction.

Failure to pay rent: When the tenant pays the arrears rent before the expiry of the notice period, the eviction is usually suspended and the tenancy resumes.

Breach of lease: In case the tenant does correct the breach within the specified time (e.g. repair the damage or eliminate the disruptive behaviour), the eviction may be avoided.

In case the tenant fails to solve the problem or denies leaving the property on the date mentioned in the notice, you will be able to proceed with the next stage of the eviction process.

Apply for an Order of Possession

In case the tenant has not solved the problem or moved out of the property until the notice period is over, the next step would be to apply to have an order of possession. This legal document entitles the landlord the right to evict the tenant off the premises.

How to Apply

• File a formal application with the landlord and tenant board or tribunal (e.g. Landlord and Tenant Board in Ontario or the Residential Tenancies Branch in Manitoba).
• The application will typically demand that you submit documentation of the cause of eviction (e.g. failure to pay rent or breach of the lease), documentation of the notice served and any correspondence with the tenant.
• In other instances, a hearing can be organized in which both the landlord and the tenant can air their views. The board will then issue a decision.

In certain provinces, landlords cannot personally evict a tenant, despite having received an order of possession. The eviction can be done only by law enforcement; in case it is necessary.

Attend the Hearing (If required)

In other circumstances, a hearing might be required to settle the disputes and give both parties a chance to plead their case.

During the hearing:

Gather your facts: Take all the documents you need, e.g. the lease agreement, notices, photographs (where appropriate) and any communication you have had with the tenant.

State your case clearly: Be professional and confine yourself to facts when explaining your reasons as to why you want to be evicted.

The tribunal or board will give a decision after hearing both sides. In case they decide in your favour, they will give you an order of possession to enable you evict the tenant out of the house.

Execute the Eviction Order

After getting the order of possession, you may go ahead to evict. But the eviction cannot be done by you alone; the law enforcement (a sheriff or a constable) has to participate.

How the Process Works

Court-ordered eviction: The law enforcers will come to the property and make sure that the tenant leaves the building. They will normally allow the tenant to vacate within a certain period and in case they do not leave, they will physically evict the tenant.

Return of property: In case, the tenant has left personal items, they can have a right to recover them. Make sure that the process is treated with respect and in the light of local law.

Consider Tenant’s Rights and Legal Compliance

During the eviction process, the law should be adhered to and the rights of the tenant observed. In Canada, there is a set of laws that protect tenants, and the irregularities in the process of eviction may result in legal consequences.

Rental laws: Ensure that you are familiar with the rental laws in your province. Provincial laws vary in terms of governing the process of eviction, notice and protection of tenants.

Do not retaliate: Do not retaliate against your tenant in case he or she has brought up legitimate issues regarding the property or has complained about the maintenance. It is unlawful to evict a tenant as a retaliation against his/her complaints.