Landlord’s Guide to Evicting a Tenant for Illegal Acts in Ontario

Landlord & Tenant Law   |    Oct 16, 2024      | By: Harbir Singh

Are you convinced that your tenant in Ontario is using your rental property for illegal acts or business? Ontario’s landlord-tenant regulations can make evicting a tenant a tedious process. It is extremely important to follow the correct legal policies and procedures when attempting to evict a tenant for illegal activity, to avoid any delays of complications.

The steps to evict a tenant for illegal use are outlined under the Residential Tenancies Act (RTA). This guide will walk you through how to navigate the process.

What is considered an “illegal act or business”

Before taking the necessary required steps to evict a tenant for illegal acts or business, it is important to understand what qualifies as illegal activity. The illegal activity outlined under section 61 of the RTA, includes, but is not limited to:

·        The production, possession, or trafficking of an illegal drug.

·        Other illegal activities prohibited by federal, provincial, or municipal law.

The illegal acts or business need to have been committed in the rental unit or residential complex. Examples or areas in the residential complex are laundry room, parking lot and recreational facilities.

Gather Evidence

The burden of proof in civil cases, such as Landlord Tenant Board matters is on a balance of probabilities. This means that an applicant in this case must convince the LTB that it is 50% or more likely that the case they are presenting is true and correct. Providing persuasive evidence, can be helpful in meeting the burden of proof.

Types of evidence an applicant can show to evict a tenant for illegal acts or business, are, but not limited to:

·        Police reports and/or charges laid against the tenant.

·        Statements from witnesses such as neighbours, other tenants, or property staff.

·        Video recordings or photograph evidence of the illegal acts.

·        Inspection reports that portray the damage or modifications made to the rental property that are indictive of illegal acts committed (for example, drug production equipment or grow-op setups).

The failure to provide sufficient evidence can lead to the Landlord Tenant Board (LTB) rejecting your application to evict the tenant.

Issuance of Proper Notice: Form N6

As a landlord, it is pertinent that you file and serve the correct form, on the tenant, when trying to evict them for illegal acts, or business. The form you would need to fill out and serve on the tenant is the Form N6 – Notice to End your Tenancy for Illegal Acts of Misconduct.

It is important that the form is filled out correctly, otherwise it can become invalid and be thrown out by the Landlord Tenant Board (LTB). Depending on the type of illegal acts, the termination date of tenancy on the notice can be 10 or 20 days, from the date the notice is given. There are exceptions if it is the second notice being given in a 6-month period.

Applying to the Landlord and Tenant Board (LTB)

In most type of cases that go to the LTB, there are certain waiting periods, after issuing and serving a tenant with a notice, that a landlord needs to wait, before applying to the Landlord Tenant Board (LTB) to evict a tenant. But due to the seriousness of cases involving illegal acts, a landlord may file an application based on an illegal act immediately after the notice of termination is given to the tenant.

Please note, you cannot apply to the LTB if 30 days or more have passed since the termination date on the N6 notice.

Landlord Tenant Board (LTB) Hearing

The Landlord and Tenant Board (LTB) will schedule a hearing date and send a Notice of Hearing to the landlord and tenant, letting them know of the hearing date.

Both parties are given the opportunity to attend the hearing and present their cases. It is important to ensure you follow the Rules of Evidence and submit your evidence on time. The LTB will make the final decision.

Conclusion

As a landlord, having a tenant who is committing illegal acts or business can be a stressful situation. It can negatively impact your rental property, and the lives of other tenants or neighbours residing there. By following the rules and processes in the Residential Tenancies Act (RTA), you can achieve your goal to get the troubled tenant evicted.

It is important to follow the process correctly, to avoid any delays or complications. It is not a requirement to hire a paralegal or a lawyer to represent you, but by hiring a Landlord and Tenant Paralegal in Ontario, it can help you avoid making costly mistakes and causing potential delays.

At HSB Legal Services, we provide you with specialized knowledge and experience in Landlord Tenant Board (LTB) matters. If you are facing a tenant involved in illegal activities, contact us today for assistance.