Evict a Tenant for Repairs or Renovations to Your Rental Property

Landlord & Tenant Law   |    Oct 12, 2024      | By: Harbir Singh

Managing a rental property can be a lot of work, one of the problems you might encounter as a landlord is repairing a rental unit while a tenant is still residing there. Certain repairs require the rental property to be vacant when the repairs are taking place. Many contractors will refuse to do the work if a tenant is currently living in the rental unit. 

If you are lucky, your tenant will agree to move out while the repairs are taking place, if not, you may need to follow the procedures listed in the Residential Tenancies Act (RTA) when attempting to evict a tenant for you to get the repairs done. The tenant has the right to move back into the rental unit after the repairs are completed, if they provide you written notice that they intend to do so.

Understand the Law

The Residential Tenancies Act (RTA) presides over the relationship between landlords and their tenants in Ontario. The Act outlines rules and responsibilities each party must abide by. Failure to follow the RTA can result in legal repercussions.

Furthermore, under the RTA, landlords hold an obligation to keep their rental properties in a good state of repair and comply with health, safety, housing, and maintenance standards.  

Eviction Process for Repairs

When evicting a tenant for repairs or renovations, ensuring compliance with the RTA and the LTB process can help landlords avoid potential legal ramifications in the future. The process includes:

1.      Serve N13 Notice on Tenant:

·         The form needs to be filled out correctly, to be legally valid.

·         Ensure you provide at least 120 days notice to the tenant.

·         Serve the notice on the tenant and fill out a certificate of service.

·         The tenant is also entitled to one months rent, or three months,

depending on how many residential units there are.

2.      Apply to LTB: if applicable

·         If your tenant agrees to the N13 notice and termination date, then you are in the clear.

·         If the tenant ignores the notice, or refuses the eviction notice, you can apply to the LTB for a hearing.

·         The tenant has the option to vacate the rental unit earlier than the termination date, provided they give you 10 days notice.

3.      Attend LTB Hearing: if applicable

·         If your application goes to the Landlord Tenant Board (LTB), they will set a hearing date and provide both the landlord and tenant with notice of the hearing date/time.

·         Present your case to the Landlord Tenant Board (LTB).

·         Ensure to include evidence of the repairs/renovations needed, estimates from contractors, and building permits if applicable.

Conclusion

Landlords are required under the Residential Tenancies Act (RTA) to keep a rental property in a good state of repair. To conduct these repairs, at times, requires the rental property to be vacant. This requires evicting a tenant to have the repairs done. When evicting a tenant, a landlord needs to follow the rules and regulations under the RTA.

The process includes getting estimates from contractors, any applicable permits, and serving the tenant with proper notice. The notice needs to be filled out correctly, and if required, a landlord will need to apply to the Landlord Tenant Board (LTB) to evict a tenant, if a tenant is refusing to vacate the rental property.

Contact HSB Legal Services

Navigating the Landlord Tenant Board (LTB) can be a complex task. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.

We serve all areas of Ontario, so whether you are looking for a Landlord Tenant Paralegal in Toronto, a Landlord Tenant Paralegal in Vaughan, a Landlord Tenant Paralegal in Brampton, a Landlord Tenant Paralegal in Mississauga, a Landlord Tenant Paralegal in Scarborough, a Landlord Tenant Paralegal in North York, a Landlord Tenant Paralegal in Etobicoke, a Landlord Tenant Paralegal in Malton, a Landlord Tenant Paralegal in Rexdale, a Landlord Tenant Paralegal in Milton, a Landlord Tenant Paralegal in Oakville, a Landlord Tenant Paralegal in Niagara Falls, a Landlord Tenant Paralegal in Burlington, a Landlord Tenant Paralegal in Barrie, a Landlord Tenant Paralegal in Richmond Hill, a Landlord Tenant Paralegal in Downtown Toronto, a Landlord Tenant Paralegal in Oshawa, a Landlord Tenant Paralegal in Ajax, a Landlord Tenant Paralegal in Whitby, a Landlord Tenant Paralegal in Markham, or a a Landlord Tenant Paralegal anywhere in Ontario, we are here to serve you.