Landlord/Tenant Issues? Contact Us Now.
Please note: The following information is not legal advice. This information is only to be used as a general guide, and not as a replacement for a professional legal opinion. For the most part, this information also only applies to for-profit rental housing covered by the Residential Tenancies Act.
Evictions can be a very stressful process. However it may be helpful to know that it can be a very slow process. This means that if your Landlord has given you a 'notice' form, this is only the beginning of the process. Contrary to what some may initially think: If you just receive a notice, you do not have to move out yet. What you have received is only a notice; it is not a legal order.
Here is the general process of evictions in Ontario:
Landlord serves tenant with notice
Landlord waits for notice period to be over (Notice period varies depending on the exact situation and form used)
Landlord files an application with the Landlord and Tenant Board (LTB)
The LTB will assign a hearing date for the Landlord and the Tenant to give reasons before and adjudicator to prove whether or not the Tenant should be evicted.
If the Landlord is successful, the LTB will issue an order to evict the tenant.
From here, if the tenant does not leave on their own, a sheriff must evict the tenant. If the tenant is evicted in this manner, they will have 72 hours to come and gather/move their personal items and belongings.
In order to be evicted in Ontario, there needs to be a clear reason:
Your Landlord can not evict you for the following reasons:
They want to raise the rent for a new tenant
The landlord wants to sell the property
Simply because they feel like it
However, your Landlord can evict you for the following reasons (but are not necessarily limited to):
Non-payment of rent
Requiring the unit for personal use for at least one year
Impairing safety of other tenants in the unit
Persistent late payment of rent
Major renovations or demolition of the unit
and more.
With regard to notice:
It is very important to review the notice that you were given. If the notice is filled out incorrectly, or it is not served properly, the notice may be deemed invalid at a hearing. It is important to have your notice reviewed by a professional such as a licensed paralegal or a lawyer who is knowledgeable in this area of law.
Some issues that may render a notice invalid:
Insufficient amount of notice given
Notice served incorrectly (notice taped to door is an example)
It is very important that you, or a representative attend the hearing. If you can't afford representation, please seek free legal advice from a clinic or organization such as ours, or use this website to find a local legal clinic: http://www.legalaid.on.ca/legal-clinics/
Tenant Duty Counsel is another good option for legal advice, or representation: https://www.acto.ca/for-tenants/tenant-duty-counsel/
If you are in need of assistance, please consider contact an organization such as Georgina Tenants' Association for a free legal consultation. landlord & tenant paralegal board gta, paralegal rta, rta paralegal, ltb paralegal, paralegal ltb, landlord paralegal toronto, gta paralegal, paralegal services for landlords, landlord paralegal, best ltb paralegal,serve n12 notice, ltb paralegal, landlord representative, landlord representation, n12 notice, paralegal notary public, paralegal firm, n12 landlord and tenant board, landload paralegal
Michael Joseph Kaufman
Michael.Joseph.Kaufman@Hotmail.com
(289) 395-0207