Evicting Tenant Causing Serious Problems to Rental Unit

Landlord & Tenant Law   |    Oct 17, 2024      | By: Harbir Singh

Being a landlord in Ontario can be a complex task that involves navigating and solving various types of issues with tenants. There may come a time where you need to evict a tenant for serious issues caused by a tenant’s willfulness or negligence. There are four different reasons which may require you to evict a tenant for serious problems they are causing.

Evicting the tenant includes serving them with a notice. The notice in this case would be an “N7 Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex.” As a landlord in Ontario, you are required to follow the rules and regulations governing landlords called the Residential Tenancies Act (RTA). The RTA requires the N7 form be correctly filled out and served on the tenant in the proper way.

N7 Form – What is it?

The form in question here, N7 Notice to End Your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex, is for scenarios where landlords need to terminate a tenancy because of serious problems caused by a tenant. There are 4 reasons/ scenarios where this form can be used. It is used for more serious cases, especially where a tenant is acting willfully or negligently. Unlike other forms, a tenant cannot void an N7 notice to terminate. The termination notice period for an N7 Form is 10 days.

The four reasons and scenarios where a landlord can exercise the use of an N7 Form on a tenant include:

1.      When the safety of another person in the residential complex is seriously impaired because of the tenant, their guest, or another occupant of the rental unit.

2.      Due to the willful actions of the tenant, their guest or another occupant of a rental unit, damage has been caused to the rental unit or residential complex.

3.      The rental unit or residential complex is being used in a manner that is inconsistent with its use as a residential premises, by the tenant, their guest or another occupant and the inconsistent use has caused or can be expected to cause serious damage.

4.      You, the landlord resides in the same building as the tenant, and the tenant, their guest or another occupant of the rental unit has substantially interfered with your reasonable enjoyment of the rental unit or another of your lawful rights, privileges or interests. Reason 4 only applies if the building has three or fewer residential units.  

After Serving the N7 Form: What's next?

Following the service of the N7 form on tenant, the tenant has several options including:

·         Moving out by the Termination Date: The tenant can comply with the N7 notice and leave the rental unit by the termination date on the notice

·         Refusal: The tenant can refuse to leave; in which case the landlord can apply to the Landlord Tenant Board (LTB) for the board to enforce the eviction. The LTB would assign a hearing date where both parties have an opportunity to present their case.

·         Dispute the N7 Notice: The tenant can dispute the N7 notice if they disagree with it. The tenant may allege the claims on the N7 notice are false, and the eviction is not justified. The tenant has the right to dispute the notice at the LTB.

Attending the Landlord Tenant Board (LTB) Hearing

In the case that a tenant refuses to leave the rental unit, and the landlord takes their case to the LTB, a hearing date will be scheduled giving both parties the opportunity to present their case and submit evidence. It is crucial to ensure to submit strong evidence and follow the Rules of Evidence to avoid having the evidence thrown out by the LTB.

Furthermore, if the N7 Notice was filled out incorrectly, this can also result in the LTB dismissing the case, resulting in months of lost time. Parties can be self-represented at the LTB, but it is encouraged to hire a Landlord Tenant Board paralegal or lawyer for assistance.

Conclusion

Landlords who are faced with tenants that are causing serious problems can exercise their rights under the RTA and start the process of evicting the tenant by serving them with an N7 Notice. The notice must be filled out correctly and served on the tenant. It can be a lengthy process, and any discrepancies or errors can result in the case being thrown out if it ends up at the LTB.

Ensure to follow the rules and regulations under the Residential Tenancies Act (RTA) when faced with this issue. If you are looking for assistance, contact HSB Legal Services today for a free consultation.

Contact HSB Legal Services

Navigating the Landlord Tenant Board (LTB) can be a rigorous process involving complex processes. 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.