A Guide for Leasing Agents in Canada: What Tenants Can Do if the Landlord Wants to Evict Them

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In the course of your career, you will encounter different scenarios. You may have to handle problems with landlords or tenants. The best thing to do is to learn how to deal with different situations. It will not only benefit you, but it will also benefit your customers. Who knows? It may come in handy soon.

An example of a problem is when the landlord wants to evict a tenant. Before the landlord can kick their tenant out, he should have a legal reason. Valid reasons include those which violate the lease agreement. Examples of these are paying the rent late, doing illegal activities, or causing extensive damage to the property.

A property owner has no right to deprive their client of a home for personal reasons. For example, the religious belief of the tenant is different from that of the landlord. In Quebec, the landlord cannot evict a tenant if:

  • the tenant is 70 years old or older
  • has occupied the property for ten years or more
  • possess an annual income that makes them qualified for low-rental housing

Of course, we ought to remember that the law may differ in the other provinces.

The process

The eviction process does not happen immediately. There are a few steps to follow to make sure it is legal. If the landlord decides to evict a tenant, he must send out a Notice to Terminate or Notice to End a Tenancy. The notice will include the reason for eviction and when the tenant should leave.

The landlord should give an ample amount of time for them to move out, and it will depend on the reason why they are getting evicted. For example, in Ontario, the landlord catches the tenant selling drugs. He should give a 10-day notice. If the property owner wants to tear down the property, he should give them 120 days.

The province of Alberta has three types. If the tenant has caused extensive damages to the property or physically assaulted another tenant, he will receive a 24-hour notice. Just like in Ontario, the reason for evicting a tenant will determine the number of days. Sometimes they are given 48 hours or at least 14 days.

Once the tenant receives the notice, he can either move out of the rented property or resolve the problem. If the renter chooses to ignore the issue, the landlord would have to apply for an eviction order from the Landlord and Tenant Board. He will receive legal advice from them about the tenant’s case.

The Landlord and Tenant Board will be the ones to set a date for the hearing. The concerned tenant will receive a Notice of Hearing from their landlords at least ten days before the schedule. It will contain details about the date and time of the hearing, the venue, and a copy of the landlord’s application.

The Hearing

The tenant is expected and required to attend the hearing. It is also a chance for him to explain himself and his actions. If the renter fails to show up, they will pursue the hearing without his presence. The Board likely will support the tenant’s eviction because they will only hear the landlord’s version of the story.

You can suggest that the tenant bring evidence to the hearing. Any documents, witnesses, or pictures may help his case. They can also have a lawyer or agent represent them. Examples of possible agents are family members or friends.

After the ordeal, the Board will decide if the tenant is getting evicted or not. They will release an eviction order, and the tenant must leave the property upon the mentioned date indicated. But they also have another option. They can choose to appeal the decision. If they do, they should seek legal advice from professionals.

Evictions are messy and stressful for everyone involved. One way to avoid this is choosing good tenants for your landlords. But before that, you should advertise it on the right platforms. Take Padleads, for example. The website is perfect for posting your property listings, and they even let you syndicate them to other pages. Once the applicants start to pour in, you will have more options than you can count.

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