The landlord must wait a 72-hour period following the eviction of the tenant before selling, retaining, or disposing of the property. The landlord must make the evicted tenant’s property available for retrieval at location close to the rental unit between the hours of 8 am and 8 pm. The landlord may face severe consequences for failure to allow tenant access to their belongings during the 72-hour period following the eviction.
When the landlord attends the Enforcement Office the landlord will be required to pay a $315.00 fee PLUS mileage costs for every kilometer the Sheriff has to travel from the courthouse to the eviction address. The specific mileage amount depends on where the rental property is located. The local Sheriff’s office should be contacted regarding their fees. If the landlord is unable to change the locks himself, they will have to use a locksmith and pay those fees as well.
A tenant can only be evicted by the Sheriff pursuant to an order from the Landlord and Tenant Board. It is the landlord’s responsibility, in the presence of the Sheriff’s Officer, to change the locks on the rental unit. If the landlord is unable to change the locks him or herself, a locksmith should be scheduled to attend while the Sheriff’s Officer is at the rental unit.
You can file with the Sheriff’s office for an eviction, usually the next day. The sheriff’s procedure can take approximately two to three weeks. You will have to arrange a locksmith to change the locks the day the Sheriff comes to evict the tenant, unless you are able to do this yourself.
Our rental agreement includes a husband and wife. The husband has behavioural problems and I know I can serve an N5. Is it possible to evict only the husband and leave the wife only as the tenant?
It is not possible to evict only the husband. They are both names as joint tenants therefore both will have to be named on the N5.
The police have notified us that our tenants are under investigation for fraud. Can we evict them on this basis? What rights do we as the landlords have now to ensure our rent payments from these tenants will not be affected?
The Landlord and Tenant Board will not normally evict a tenant for an illegal act unless the tenant has been charged while in the unit, and/or the act is serious enough that it has the potential to affect the character of the premises or to disturb the reasonable enjoyment of the landlord or other tenants. The Board’s Guideline #9 – EVICTION FOR AN ILLEGAL ACT OR BUSINESS http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/09%20-%20Eviction%20for%20an%20Illegal%20Act%20or%20Business.html provides some clarification as to the circumstances in which the Board will evict a tenant or occupant of the rental unit for an illegal act. With respect to collecting rent from these tenants, if they default on payment, you can serve them with an N4- Notice to End a Tenancy Early for Non-Payment of Rent.
The landlord must first obtain an order from the Landlord and Tenant Board directing that the tenancy is terminated. The landlord must take the order to the Superior Court of Justice Enforcement Office (Sheriff’s Office) to schedule an eviction. Present one certified order issued by the Landlord and Tenant Board and one copy of the order to the Enforcement Office together with a completed Eviction Information Request sheet (provided by the Enforcement Office). The landlord will receive instructions from the Enforcement Office that specify a vacate date. The Sheriff will send a Notice to Vacate to the tenant instructing the tenant to leave the rental unit on or before a specific date. The landlord MUST contact the Enforcement Office to schedule and eviction if the tenant fails to vacate by the date specified in the Sheriff’s notice to vacate. The landlord will be informed of the date and time the Sheriff will attend at the rental property to enforce the eviction order.
My grandfather rented out the top floor of his house and has recently passed away. His tenant was very difficult and she has not paid rent in 1 year. We believe she has also been stealing from him. Can we evict her and/or get the police involved?
The police cannot help you in matters such as these since it’s a civil matter. In order to get this person out, there has to be grounds to terminate her tenancy. Based on what you have described, you would have grounds to evict based on non-payment of rent. In order to serve a proper notice, you will have to know the amount of rent she was supposed to be paying, when she stopped paying, and her full name. If you have all this information, you can serve her with a notice of non-payment of rent which is a Form N4. This is a 14 day notice which advises her to pay the arrears or move out. If she does neither, then the next step would be to file an application with the Landlord and Tenant Board to go to a hearing and obtain an order for termination. The forms required to apply are Form L1 along with a Certificate of Service. All these forms can be obtained from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/. If you’re willing to negotiate an agreement with her to vacate the premises, there is a mutual agreement form that both you and the tenant would have to sign; it’s called a Form N11- Agreement to Terminate a Tenancy. This form is also on the Board’s website under the Other Forms section of the site.
I filed for eviction against my tenant and believe they won’t leave until the Sheriff comes. Can I request for the tenant to pay the Sheriff fee and the application fee? If so, how and when do I do this? Can we also ask for money for damages?
If you are successful in obtaining an order for termination and arrears, the order will require the tenant to pay the whole rent, and usually the application fee of $190 in order to avoid the eviction. If the tenant then fails to leave or pay and you have to file for enforcement of the order with the Sheriff, then the tenant would have to pay that fee as well in order to avoid eviction. If the tenant is evicted and you want to try to re-coup rent arrears and the fees, you would do that later on through Small Claims Court. You cannot make mention of damages done to the unit at the hearing unless you claimed these amounts by filing an L2 application when you filed the L1 for rent arrears. You can make a fresh claim in Small Claims Court after the tenancy has ended and if you know the tenant’s new residential address.
I am currently renting my units out to students for 4 month terms, but suspect one may stay longer. After the 4 months I want my new leases to be for 1 year terms. Is there a way to ensure they leave, as I don’t want any surprises later on?
If you have all tenants under one lease, the tenancy ends only when all tenants give notice to terminate. There really isn’t a specific way to ensure that all the tenants leave at the end of the lease term. One suggestion is to ask them to provide you with the N9 notice 60 days prior to the lease expiring or have them all sign the N11- Agreement to Terminate a Tenancy form. If they all sign N9 or N11 and then one fails to move out, you would have to file an L3 Application with the Board to evict the remaining tenant(s). In the event that you cannot get all of them to sign the N9 or N11 and this one individual will not leave, legally there is nothing you can do to get him out at that point. However, since they were all under one lease they are all equally responsible for the rent, therefore if he stays and the rent is not paid in full you would then be able to give notice based on the non-payment of rent.
Only the Sheriff’s Department has the authority to evict a tenant. An eviction occurs when the tenant fails to vacate the premises after an Order has been issued by the Landlord and Tenant Board. The landlord must arrange for the eviction and pay the necessary fees. The Sheriff will return possession of the premises to the landlord. If the tenant refuses to leave the premises in the presence of the Sheriff’s officers, the local police will be called to provide assistance. The Sheriff’s Department does not remove belongings.
There is nothing in the Residential Tenancies Act that refers to charging the tenant storage fees during the 72 hour period the tenant is allowed to retrieve their belongings. You could try asking the tenant to pay for these fees, however if the tenants want to retrieve the belongings during the 72 hour period, you must allow them to do so regardless of whether they pay you the fees or not.
If your tenant is always paying the rent late, you should be serving him a notice of non-payment of rent (Form N4) each time the rent is not paid on the due date. You need to have documentation to prove the late payments, and the best way to do this is by serving notice Form N4. Once you have served several of these notices then you could serve him a termination notice based on persistent late payments which is a Form N8.