Contrary to what you think, a tenant can be evicted at any time of year! If landlords have valid legal reasons for the eviction, they can evict the tenants, even if they have children. We note that it must be allowed by the Rental Fairness Act, 2017, the Residential Tenancies Act, 2006. Visit small claims paralegal Toronto for more information on eviction in Ontario.
In case a landlord wants to evict his /her tenant, and the tenant disputes the eviction, the landlord has to prove that there are some valid legal reasons! The tenant must be required to vacate the premises. A tenant can be evicted either for his/her behavior or if the landlord needs the unit for his/her use. When a tenant pays the amount of rent on time and lives up to his/her other obligations, he has an ongoing right to live in the rented premises, with no interference by his/her landlord. There are special rules for living in subsidized housing. So, the subsidized housing tenant has fewer rights than most other tenants.
One of the common reasons for evicting tenants is because of their behavior. Under the Residential Tenancies Act, a landlord has the right to evict a tenant if the tenant, or someone else who lives in the rental unit, either does not do something they should or does something they should not do, even if the lease has not ended. Here Are Some Examples:
- Overcrowding
- Non-payment of rent
- Significantly disturbing others in the building
- Damaging the property
- Continually paying rent late
- Committing an illegal act on the property
- Tearing down the building or using it for something else
A tenant usually is responsible for their guest’s behavior! All tenants can be evicted because of their guests’ or children’s actions.
The mentioned items are some of the reasons that a landlord can use to evict a tenant. Landlords cannot evict tenants for any reason. For example, a landlord cannot evict a tenant for keeping a pet unless it causes problems for other people in the building, even if the lease says no pets.
In most tenant’s eviction cases, the first and most crucial step for the landlord is to give the tenant a written notice that s/he wants the tenant to move out. A landlord must use an official notice from the Board. It is against the law for all landlords to evict a tenant with no first order from the Landlord and Tenant Board.
A landlord may evict a tenant for some other reasons, known as “no fault” evictions. Here are two essential kinds of “no fault” eviction applications that a landlord can make to the LTB: “Own Use” applications and Renovation applications
“Own Use” Or “Personal Use By Landlord “Applications
A landlord may evict a tenant under “Own Use” claim. Here are the examples that the landlord requires the unit for:
The landlord requires the unit for the use of an immediate family member or their own use
The landlord needs the unit for a person who will provide care services to him /her if s/he lives in the same building or complex.