How do I kick a tenant out of an investment property?

How do I kick a tenant out of my investment property?

We have many clients come to us for advice on how to approach problem tenants.  There are a variety of reasons that you may need to kick a tenant out of your investment property. The best way to stop problem tenants is to do a thorough screening and reference/credit check prior to accepting the tenant in the first place- however despite our best efforts and “good feelings” from time to time every landlord has to kick a tenant out.

Over the next few blog posts we will outline a few of these reasons:

1.  notice to terminate for non payment of rent

2.  notice to terminate for an illegal act

3.  notice to terminate tenancy at end of term

4.  notice to terminate tenancy for landlord or purchasers use

5. notice to terminate tenancy at end of term for conversion, demolition or repairs

6. notice to terminate a tenancy early- because of damage, interference with other          tenants, too may people living in the unit etc.

Process for Evicting a Tenant for Non Payment of Rent from an Investment Property.

Here are the steps you must take according to the Landlord Tenant Board

  1. You need to give them the form N4 found from the Landord Tenant Board. You must give your tenants 14 days from the date you deliver the notice to pay the rent or they will have to move out.

Click here to access the first form N4

http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/_forms/documents/form/stel02_111567.pdf

  1. If they don’t pay the rent before the 14 days or move out by that date, on the 15th  day you can then put in an application to evict the tenant and collect the rent the tenant owes.  You will need to fill out the L1 form for this and it is a $170.00 fee.  If the tenant decides to pay everything they owe and stay, they will owe you all the rent plus the $170.00 fee you paid.

Click here to access the L1 form
http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/_forms/documents/form/stel02_111558.pdf

  1. If they still don’t vacate the house the sheriff will have to be the one to evict them.

An order issued by the Board is similar to a court order.  Most of the terms and conditions of Board orders can be enforced through the courts.  For example, an eviction order can be filed with the Court Enforcement Office (also known as the Sheriff’s office) to be enforced; or an order for payment of money may be filed with the Small Claims Court for enforcement.

  1. If you can work an agreement out with them to terminate the lease without going through the eviction process have them sign this N11 form :

http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/_forms/documents/form/stel02_111574.pdf

  1. If your tenants tell you they wish to terminate their Tenancy at any point in the lease have them sign the N9 form to protect you from them not vacating the premises once the lease is up.  Tenants notice to terminate N9 form:

http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/@ltb/@forms/documents/form/stel02_111572.pdf

Here is a link for more info on the eviction process from the Landlord Tenant Board:
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111884.html

If you have any questions at all regarding Tenant issues please do not hesitate to call Curt or Erin.  We are happy to help.

Tip: always document your conversations, notices, and contacts you have with your tenants in case you need to reference back to it later.  You will also need to provide copies of all notices to the court if you have to go that route.

You can contact the Landlord and Tenant Board at 416-645-8080 or toll-free at 1-888-332-3234 or visit the Board’s website at www.LTB.gov.on.ca.