How Do I Evict Someone Not On The Lease In Ontario

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The Uninvited Guest: Eviction Edition (Ontario Edition, Because We're Polite Like That)

So, you've got yourself a situation. Your cozy little bachelor pad has morphed into a surprise three-person party, and Cousin Ernie, who you haven't seen since your childhood trip to Disney (and let's be honest, that wasn't exactly magical), has decided to take up permanent residence. Yikes! Don't worry, Ontario law is here to help you reclaim your domain (and your sanity). But before you start packing Ernie's socks with packing peanuts (we've all been tempted), let's break down how to evict someone who isn't even on the lease.

How Do I Evict Someone Not On The Lease In Ontario
How Do I Evict Someone Not On The Lease In Ontario

Step 1: The Terminator... Of Leases, Not People (Although...)

First things first, you need a formal eviction notice. This ain't a passive-aggressive sticky note situation. We're talking a clear, legal document outlining your desire for Ernie to, well, hit the road. The type of notice you need depends on your situation:

  • Month-to-Month: Give Ernie a Notice of Termination (N12). This beauty informs him that his tenancy is ending in 30 days (or 90 days if he's over 60 or has a disability).
  • Fixed-Term Lease: If your lease is still chugging along, things get trickier. You'll likely need an order from the Landlord and Tenant Board (LTB) to evict Ernie.

Remember: These notices are serious business. Make sure you get a copy stamped by the post office or have it hand-delivered with a witness.

Step 2: The LTB Tango (No, There's No Fancy Footwork)

The LTB is basically the referee in this eviction match. If Ernie ignores your eviction notice (the nerve!), you'll need to file an application with the LTB. This kicks off a hearing where you both get to plead your cases. Be prepared with evidence like your lease agreement and proof Ernie wasn't supposed to be there.

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Pro Tip: The LTB website https://tribunalsontario.ca/ltb/ is your friend. It's got all the forms and information you need to navigate this process.

Step 3: Eviction Day! (Hopefully Not)

If the LTB rules in your favour (fingers crossed!), you'll get an eviction order. This is your golden ticket to having the sheriff escort Ernie out (although hopefully, it won't come to that!).

Here's the not-so-fun part: Evictions can take time. Be prepared to wait weeks, or even months, depending on the backlog at the LTB.

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Frequently Asked Questions

FAQ: Eviction Edition

How to write a Notice of Termination (N12)?

Don't fret! The LTB website https://tribunalsontario.ca/ltb/ has a handy downloadable form you can use.

How much does it cost to file with the LTB?

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The filing fee depends on the type of application, but it's usually around $200.

How can I fight an eviction if I'm the unwanted guest?

Contact the LTB for legal advice. They can't represent you in court, but they can point you in the right direction.

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How do I avoid this situation altogether?

Clear communication is key! Upfront conversations with everyone living there and a written lease agreement can save you a lot of trouble down the road.

How do I find a new roommate who isn't, well, Ernie?

There are plenty of online platforms and resources to find responsible roommates. Just do your due diligence and screen carefully!

Remember, evicting someone is a stressful process. But with a little patience and these handy tips, you'll be back to enjoying your own space in no time. And hey, maybe this whole ordeal will inspire a hilarious story for your next family gathering (minus Ernie, of course).

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Quick References
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on.cahttps://www.premier.gov.on.ca
peelregion.cahttps://www.peelregion.ca
census.govhttps://www.census.gov/international
ontario.cahttps://www.ontario.ca/page/ministry-transportation
york.cahttps://www.york.ca

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