Evicting a Tenant in Ontario: When Your Rental Situation Turns Sideways
Let's face it, being a landlord isn't all rainbows and rent cheques. Sometimes, tenants decide your charming basement apartment is more "haunted frat house" than "cozy retreat." So, what happens when your tenant situation goes rogue and there's no fancy lease agreement to back you up? Fear not, fellow landlord warrior, because even without a written lease, Ontario law offers a path to eviction. But beware, it's not a walk in the park (unless your park has a lengthy eviction process, which sounds terrible).
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| How Do I Evict A Tenant In Ontario Without A Lease |
Dealing with Squatters? Not Quite. But There Are Rules!
First things first, even without a lease, a verbal agreement or simply someone living in your property creates a legal tenancy. This means you can't just toss their belongings out on the sidewalk (tempting as it may be). Eviction requires following proper procedures, so grab a cup of tea and settle in for some legalese lite.
The Notice is Mightier Than the Sword (Especially When That Sword is Made of Pool Floaties)
The first step is issuing a Notice to Terminate Tenancy. Think of it as a polite but firm "thanks, but no thanks" to your resident. There are different types of notices depending on the reason for eviction. Here's the skinny on a few common ones:
- Non-payment of Rent: This one's a no-brainer. If your tenant's bank account resembles a tumbleweed on a deserted highway, you can serve a 14-day notice.
- Breach of Agreement: Did your tenant turn your basement into a disco complete with strobe lights and questionable dance moves? A breach notice with appropriate time to rectify the situation (think dismantling the disco) might be the answer.
- End of Tenancy (Renovations or Own Use): If you have plans to unleash your inner HGTV star on the property or fancy moving in yourself, you can serve a 90-day notice with a valid reason.
Remember: Double-check the exact notice requirements – it's like following a recipe, but for evictions (hopefully less messy).
Tip: Reading twice doubles clarity.
Lawyers, Landlords, and the LTB, Oh My!
If the tenant ignores your eviction notice like yesterday's news, it's time to get the Landlord and Tenant Board (LTB) involved. The LTB is basically the referee in this eviction match. You'll need to file an application with them, which can be done online or in person.
Be prepared to wait: LTB hearings can take some time, so channel your inner zen master while you wait.
Eviction Success! (Hopefully Without Needing a Battering Ram)
Once the LTB hears your case, they'll decide whether to grant an eviction order. If they rule in your favor, the tenant will have a set amount of time to vacate the property.
Tip: Highlight what feels important.
Pro Tip: Having clear evidence to support your eviction request (like copies of notices or photos of disco ball remnants) is your eviction party favor.
Eviction FAQ
How to Serve a Notice to Terminate Tenancy?
You can deliver it personally, by mail, or have someone over 18 leave it at the property.
Tip: Reading in short bursts can keep focus high.
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How much does it cost to file with the LTB?
The filing fees vary depending on the type of application. Check the LTB website for current rates.
How to Prepare for an LTB Hearing?
Tip: The details are worth a second look.
The LTB website has resources and guides to help you prepare your case.
What if My Tenant Trashes the Place?
You might be able to file a separate application with the LTB to recover the cost of repairs.
Should I Hire a Paralegal or Lawyer?
While not mandatory, legal advice can be helpful, especially for complex situations.
Evicting a tenant can be a stressful process, but with a little knowledge and a dash of patience, you can reclaim your property and hopefully find a tenant who appreciates the finer points of non-disco basements.
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