If your tenant fails to give you the required notice (60 days for a monthly tenancy or 28 days for a weekly tenancy), your recourse is to try to re-rent the unit as soon as possible to reduce your losses. Once the unit has been re-rented and you have calculated your losses, a claim can be filed with the Small Claims Court. Below is a link to the Small Claims website where you can find information on how to file a claim. The required forms can also be downloaded from this site: http://www.attorneygeneral.jus.gov.on.ca/English/courts/scc. In order to sue in Small Claims Court you will require the tenant’s new address, try to get this information before they vacate.
Since the tenants gave you a written notice that they were leaving, if you think they may not move out then you should file an application with the Landlord and Tenant Board to obtain an eviction order. The application you require is a Form L3 along with an Affidavit, these forms can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.
A verbal notice to terminate given by the tenant is very difficult to enforce if they decide not to leave. Always ask for notice in writing and ensure it: clearly identifies the unit and municipal that the tenant will vacate; specifies the date the tenant will vacate; and is signed by the tenant and the tenant’s spouse.
I susupect that a tenant is dealing drugs in the rental unit and my other tenants are complaining of disturbances. What can I do?
If your tenant has already been charged by the police with regards to the drug dealing, you can serve him with a Form N6 – Notice to Terminate Tenancy Early for an Illegal Act. This gives the tenant 10 days notice and allows you to apply immediately to the Landlord and Tenant Board for an eviction order. If the police have not been involved and it is only a suspicion that the tenant is dealing drugs, your other option is to serve a Form N5 based on the reason that the tenant is interfering with the reasonable enjoyment of the premises by the other tenants by having people coming and going at all hours and any other disturbances going on. Once you serve the Form N5 the tenant has an opportunity to correct the situation within seven days, if not corrected then you can file an application with the Landlord and Tenant Board to go to a hearing where an adjudicator will decide whether there are grounds to terminate the tenancy.
I rented to a tenant for a short term and the tenant is behind in rent and shared expenses and won’t go.
A landlord may serve a tenant with a Form N4 – Notice of Termination of Tenancy for Non-Payment of rent. This notice allows the tenant 14 days to pay the rent arrears. If the tenant does not pay within the specified time, a landlord may file an application to the Board to evict the tenant.
If the number of people occupying the rental unit on a continuing basis contravenes health, safety and housing standards required by law, you may serve a notice of termination. However, the municipal guidelines for overcrowding are very generous. Do a rough calculation of the floor area and the number of people; you must allow 100 sq. ft. per person excluding hallways, bathrooms and closets. If the number of people occupying the rental unit exceeds the standard, you can give a notice of termination. The tenants can avoid termination if they reduce the number of persons occupying the rental unit to comply with health, safety and housing standards within 7 days.