What Are My Options To Evict a Tenant for Personal Use in Ontario

Landlord & Tenant Law   |    Oct 10, 2024      | By: Harbir Singh

Being a landlord in Ontario comes with specific responsibilities. Even though it is your property, you cannot just evict a tenant for no good reason, you must follow the Residential Tenancies Act (RTA) rules and regulations. If you need to reclaim your rental property for personal use, there is a legal process involved in evicting the tenant. Ensure you to follow the proper steps to avoid potential legal complications in the future.

We will outline the steps that are required for evicting a tenant for personal use and provide tips on how to navigate the process the right way.

Eviction for Personal Use Explained

When choosing to evict a tenant in Ontario for personal use, landlords can only do so if the personal use will be for a close family member such as a spouse, parent, child, or caregiver. The person moving in must have a genuine intention of living there for at least one year.

Step-by-Step breakdown to Evicting a Tenant for Personal Use

Below is a step-by-step breakdown to ensure you are complying with the landlord-tenant laws in Ontario. To evict a tenant for personal use, you must ensure:

1.     The legal criteria must be met.

Prior to attempting to evict your tenant for personal use, make sure you meet the legal criteria for personal use:

·         An immediate family member (spouse, child, or parent) or yourself intends to live in the rental unit.

·         You or your close family member must intend to use the unit as a primary residence for a period of at least one year.

It is important to note that if you are just looking to sell the property or utilize it for another purpose, evicting a tenant for personal use breaches the Residential Tenancies Act (RTA).

2.     Give The Tenant Proper Notice

When evicting a tenant for personal use, you must give proper notice and serve the tenant with an N12 Notice to End Your Tenancy for Landlord’s or Purchaser’s Own Use. This form can be located on the Landlord and Tenant Board (LTB) website.

More information on the notice below:

·         Notice Period: The tenant must be provided with at least 60 days’ notice.

·         Termination Date: The date of termination on the N12 form must match the end of the rental period for that term.

·         Compensate Tenant: Landlords are required to provide the tenant with at least one month’s rent or other acceptable alternative living arrangements.

3.     Waiting Period for Tenant’s Response

After receiving the N12 Notice, the tenant has several options they can exercise, including:

-          Vacating the Rental Property: This is the best-case scenario for a landlord, when a tenant agrees with the notice and plans to move out on the termination date.

-          Contesting the Eviction Notice: In the case that a tenant does not agree with the N12 Notice, they may refuse to move out.

-          Negotiation: In certain cases, landlords and tenants can work on alternative agreement, for example, extending the notice period or alternative living arrangements.

4.     Filing the N12 Notice with the LTB (if required)

If a tenant refuses to vacate the rental property, and the landlord/tenant cannot come to a mutual agreement, a landlord can file the N12 Notice with the Landlord Tenant Board (LTB), to attempt at evicting the tenant. However, it is important to note that the prescribed period in the Residential Tenancies Act (RTA) must pass, before filing with the LTB.

The LTB will schedule a hearing and notify both the tenant and landlord of the hearing date. Both sides will be given a chance to present their case.

5.     Attend the Hearing at the LTB (if applicable)

Attendance at the LTB hearing is mandatory, parties can be self-represented or choose to be represented by a landlord tenant paralegal, or lawyer.

It is important to ensure you have a strong case by submitting evidence and following the Rules of Evidence. In the case that the LTB decides that the eviction is valid, they will issue an order for the tenant to vacate the rental property.

6.     Eviction Order (if required)

The tenant may still choose not to leave by the termination date, even after the LTB order. In this case a landlord can obtain assistance from the sheriff to physically remove the tenant from the property, if the tenant refuses to leave voluntarily.

Conclusion

The process of evicting a tenant for personal use in Ontario can be a tedious process. Ensure to follow the proper steps by providing appropriate notice, filling out the N12 form correctly, and following the RTA’s rules and regulations, to avoid any potential legal issues. If you are not confident about navigating the system alone, look into getting assistance from a landlord tenant paralegal or lawyer in Ontario.

By putting the strongest case forward, you will have the best chance of evicting your tenant if the case goes to the LTB. Make sure the N12 notice is filled out correctly, otherwise the case can be thrown out by the Landlord Tenant Board (LTB).

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 paralegal in Toronto, paralegal in Vaughan, paralegal in Brampton, paralegal in Mississauga, paralegal in Scarborough, paralegal in North York, paralegal in Etobicoke, paralegal in Malton, paralegal in Rexdale, paralegal in Milton, paralegal in Oakville, paralegal in Niagara Falls, paralegal in Burlington, paralegal in Barrie, paralegal in Richmond Hill, paralegal in Downtown Toronto, paralegal in Oshawa, paralegal in Ajax, paralegal in Whitby, paralegal in Markham, or a paralegal anywhere in Ontario, we are here to serve you.