When Can a Landlord Evict a Tenant in Ontario?

As a landlord or tenant in Ontario, being aware of the eviction rules is important. The law of relationships between landlords and tenants, inclusive of the circumstances under which a landlord may evict a tenant, is governed by the Residential Tenancies Act.

Royal York Property Management combines great service and expertise to satisfy the needs of landlords, investors, and tenants across the country, making it one of the major property management companies in Ontario. We deal with a vast portfolio of more than 22,000 properties worth over $10.1 billion and grow trust in the real estate area daily.

At Royal York Property Management, we want to empower our clients to handle such situations lawfully and efficiently. This blog outlines the legal grounds and processes for evictions in Ontario, updated to include the latest amendments and insights up to 2024.

But first, let us understand what a tenancy agreement is, before talking about the legal grounds for evictions.

What is a tenancy agreement? 

A tenancy agreement is an agreement between landlord and tenant that is considered a contract, detailing all the conditions of the letting, rights, and duties of both parties. In Ontario, the majority of tenancy agreements are month-to-month or fixed-term. Fixed-term tenancies usually last for one year. After the fixed term, the lease is considered extended for a month-to-month or week-to-week tenancy, in which tenants enjoy security of tenancy.

Overview of the Residential Tenancies Act  

The RTA outlines the legislation with which the landlord-tenant relationship is to be governed in Ontario. Rights and responsibilities are thus defined, and the legislation tries to ensure their protection for fair dealing and amicable resolutions of disputes. Recent amendments to the RTA further refine procedures and add protections to respond to the changing nature of renting.

Reasons a Landlord Can Apply to Evict a Tenant  

The RTA outlines valid reasons for eviction. Ontario landlords may evict a tenant for several specific reasons; each of these has its own detailed procedure that must be followed:

Non-payment of Rent  

This is the most common ground for eviction. If the payment of rent has become due, the landlord can issue a Notice to End Tenancy Early for Non-Payment of Rent. The most time the tenant will be offered is 14 days from the date of the notice to either pay the rent or leave the rental property.

Persistent Late Payment of Rent   

Consistently late-paying tenants can result in eviction. The landlord must provide evidence of the pattern and serve appropriate notice.

Damage to Property 

Significant damage to the property, aside from ordinary wear and tear, may justify eviction. Tenants may be evicted if the landlords can prove the extent of the damage and may serve notice upon them to specify the need for repair or compensation.

Illegal Activities 

A landlord may evict the tenant if the tenant commits an offense against the law within the rented space. Examples include drug-related crimes or damage to property.

Interference with Others     

Landlords have grounds to evict tenants where tenant behavior either substantially interferes with the use of the property by other tenants or presents a risk of safety. This interference may include making excessive noise, unauthorized alterations, or disruptive actions.

For a comprehensive list of allowable reasons, refer to the RTA.

Procedure for Filing an Eviction  

To initiate an eviction, the landlord must follow a strict legal process:

1. Written notice must be served on the tenant; clearly state the reason for the termination and the date by which the tenant must leave the property if the issue cannot be resolved.

Types of Notices: 

Notice for Cause: Specific reasons for eviction—for example, failure to pay rent, illegal activity. The notice period varies depending on the reason.
No-Fault Notices: When the landlord wants to move in, sell the property, or renovate. The notice is anywhere from 60 to 120 days.

2. If the tenant fails to rectify the situation within the time limits specified, the landlord may file an application with the Ontario Landlord and Tenant Board for an order to evict the tenant.
3. The application must include proof, like payment records, witness testimony, or damage photos.

Hearing Process at the Landlord and Tenant Board  

An application is filed, and after so doing, a hearing date will be set by the LTB. Both parties can make representations, and decisions are based on the evidence presented. Both landlords and tenants are thus encouraged to be adequately prepared to testify at the hearing, whose ruling will either allow or not allow the eviction.

Security of Tenancy and Consent to New Agreements  

Tenants Tenancies confer security of tenure on the tenancy from month to month or week to week. A tenant, therefore, cannot be made to leave without a good reason. A tenant who has given notice but then changes their mind and does not want the tenancy to end can seek the landlord's agreement to a new tenancy. If no fresh tenancy agreement is reached, landlords can apply to the LTB for eviction.

Illegal Evictions   

To highlight, evictions based on "self-help" are prohibited—for example, changing the locks or removing tenant belongings without legal authority. These actions are illegal and can result in huge penalties.

Preventing Evictions: Tips for Landlords and Tenants  

Proactive communication and understanding the RTA are key to preventing evictions. We encourage landlords to screen tenants thoroughly and establish clear tenancy agreements, while tenants ensure timely rent payments and property maintenance.

At Royal York Property Management, we streamline the process of finding and placing qualified tenants to ensure both landlords and tenants can enjoy a seamless and beneficial relationship right from the start. With our unique tenant placement program, driven by our proprietary software, we can place a tenant in your property within 7–10 business days.

Knowing and following eviction laws in Ontario is very important if you want lawful and peaceful landlord-tenant relationships. Be it a landlord troubled with a badly behaving tenant situation or a tenant risked to be evicted, knowing your way about and being prepared is the key.

For more information on Royal York Property Management and our services, visit: royalyorkpropertymanagement.ca