August 18, 2020
3 Situations that a Landlord Can Legally Evict a Tenant

Renting your property to tenants is a business opportunity that can provide you with a regular stream of “passive” income. However, property management can be a complex and often-overwhelming challenge, especially to new landlords.

Renting your property to tenants is a business opportunity that can provide you with a regular stream of “passive” income. However, property management can be a complex and often-overwhelming challenge, especially to new landlords. As much as you want to earn through your listings, some situations may push you to evict your tenants, may it be due to a breach of contract, unforeseen circumstances in the real estate market, or events in your personal lives.

While it may be relatively straightforward to evict a tenant, landlords are only allowed to do so if their reason is not in accordance with the Ontario’s Residential Tenancies Act (RTA). Before evicting a tenant, a landlord should follow the proper legal process first.

To help you, as a landlord, comply with the rules, here are some of the common conditions where you can evict a tenant from your rental:

1. Recurrent failure to pay rent

Before a landlord or leasing agent can evict a tenant, they should first issue a notice to the concerned tenant. If it is not acknowledged, and the tenant fails to follow the instructions indicated in the notice, that is the only time you can follow through with the eviction process.

This particular issue is called non-payment of rent or arrears of rent. However, a tenant can override it by paying the full amount owed to the landlord. While this is the case, some landlords can pursue the eviction process if the tenant fails to pay the full amount by the due date.

2. Breaching the leasing contract

To protect both the landlord and the tenant’s rights, the RTA requires that both parties sign a leasing contract. In that way, there would be a basis and guide on how they can address or resolve an issue when it arises.

When a tenant is caught breaching the leasing contract, they may be subject to eviction. In fact, the RTA allows the eviction of a tenant in the event of serious breaches, including undue property damages and performing illegal activities on the premises. Minor offences, on the other hand, can be resolved by working out a settlement.

3. Landlord using the rental for other purposes

In some rare cases, a landlord can evict a tenant from their rental if they choose to repurpose it. Whether they want to turn it into a commercial infrastructure or want to privatize the area, a landlord is within their rights to do so.

However, they should issue a notice to their tenants beforehand, so that the tenant has adequate time to prepare. Aside from that, the Board sometimes requires the landlord to pay compensation to the tenant for having them move out for “no-fault” reasons.

Conclusion

There are several reasons that may subject a tenant for eviction. Some of the common conditions include not paying rent, breaching the leasing contract, and in some cases, personal reasons. Regardless of which, a landlord or leasing agent would first need to issue a notice to the tenant. Before evicting someone, their reason should also comply with RTA standards, and they should file a report to the Board.

If you are looking for aleasing agent in Ottawato help you with property management, get in touch with us today. Our expert real estate agents will guide you through the entire process, from finding tenants to resolving common disputes.