How The Eviction Process Works
Everything you need to know.
2 min read
It is vital for tenants and landlords to know the rules associated with residential evictions. If a landlord notifies a tenant that they wish to end their tenancy agreement, it is not required for the tenant to move out immediately. The landlord must first apply for an eviction order from the Landlord and Tenant Board, giving the tenant the right to go to a hearing and advocate for why they should not be evicted.
Outlined below are the five steps a landlord and tenant must take when undergoing the eviction process.
Notice
It is encouraged that landlords work with their tenants to establish clear rules and arrangements before the tenancy begins. This will help to reduce the likelihood of eviction in the future. However, if both parties cannot agree, the landlord will give the tenant an official notice from the Board stating that they want them to move out. In some cases, landlords will outline a tenant's remedy, allowing them to resolve the issue before eviction.
Application
If both parties cannot resolve the situation, the landlord has the right to apply to the Board to end the tenancy. Aside from a request to end the tenancy for non-payment of rent, landlords must make the application within 30 days of the termination date outlined in the previous notice.
Hearing
The Board will schedule a hearing to decide whether to follow through with the landlord's application. The Board will then mail a Notice of Hearing to both the landlord(s) and tenant(s), including a copy of the original application.
Order
A member of the Board will decide the end of the tenancy. The written decision or order will then be mailed to both the landlord and the tenant for reference.
Enforcement
If the tenant does not comply with the eviction order by the stated date, it can only be enforced by the Court Enforcement Office. The landlord cannot forcibly remove the tenant on his/her own. To do so, the landlord must file a copy of the Board order with the Sheriff's Office to have the tenant removed.
Evictions can easily be avoidable if both landlords and tenants come to a clear and concise agreement upon signing. It is essential to work with your landlord to create and enforce a smooth renting experience during your tenancy.
Reference
How The Eviction Process Works. (n.d.). Retrieved January 29, 2021, from https://www.ontario.ca/page/renting-changes-during-covid-19
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