Evictions are an unpleasant yet necessary part of property management. Property owners are often hesitant to evict a tenant and use it only as a last solution. But, delaying eviction falls off cash flow, directly impacting Return-On-Investment (ROI). So, how can you go through an effective eviction?
If you’re new to the eviction process, you can feel overwhelmed. There are required steps and laws that need to be followed. The eviction process can also be costly. It’s certainly not something any landlord wants to deal with. But, sometimes it’s necessary. In most cases, eviction occurs after the tenant has breached some rental agreement terms, such as Failure to pay rent on time, Violating the lease, or Damaging the property.
Residential lease violations for reasons other than non-payment of rent, these violations may include:
Unappropriate Living Conditions
Failure to Maintain Landscaping
Noise and Disturbance
Smoking inside the unit
Unpaid Utility Bills
Many more …
Generally, the following steps are taken when a lease violation is discovered:
Document the who, what, when, where and why for violating the lease agreement.
Issue a letter of notice to the tenant indicating the violation and how long they have to remedy before a follow- up inspections completed.
Charge the tenant for any applicable lease violation fees.
Inspect the unit at the end of the remedy period to determine if the lease violation was resolved.
If the violation was not resolved, file an eviction.
Complete the eviction process to repossess the unit.
There are various reasons to evict a tenant. Hence, there are different forms depending on the circumstance:
– N8 : The tenant is consistently paying rent late.
– N5 : The tenant is either:
- Interfering enjoyment for other tenants.
- Negligently damaging the property.
- Too many people are living in the unit.
– N7 : The tenant is either:
- Seriously endangering other tenants.
- Purposefully causing severe damage.
– N12 :The tenant needs to move so an immediate family member of the landlord can move in.
– N6 : The tenant has acted illegally or operates an illegal business within the unit.
The eviction process should be tactical and occur within the first month of defaulting payments or lease violations.Your first step will be to send out a notice.
You will need specific information in your notice. If there is a cause, you need to list the reason why you’re evicting the tenant. Keep in mind, it’s important to remember tenant rights and you should know all the law and regulations. When providing the eviction notice make sure you deliver it through certified mail and get a return receipt. So, you have proof that the tenant did receive it.
When a tenant receives an eviction notice, the tenant may simply decide to move out or remedy the problem, making it easier for the landlord. However, if the tenant does not solve the problem, the landlord can escalate the eviction by formally applying to the Landlord and Tenant Board (LTB). Each form or Notice has a different wait period before you can file the application. Once that waiting period has passed, you can file your form with them.
There are several types of applications that a Landlord can file, but the most common are the L1 and L2 applications.
L1 Form: An application to evict a tenant because they didn’t pay the rent and to collect the money that is owed.
L2 Form: An application to end a tenancy and evict a tenant or collect money.
A landlord can only file an “L” application once they have given the tenant one of the various types of N notices. Once everything is filled out correctly and submitted, you now have to pay for the application to request your court date. If you file the application in person, it costs $190.00. If you submit the application online, it costs $175.00. Once the Landlord Tenant Board receives your payment, the Board will mail the landlord and tenant a Notice of Hearing, letting them know of the court date.
When preparing for your hearing, make sure that you keep a record of everything that could potentially be helpful in the case.The typical documents that you’ll want to include are the lease, payment records, bounced checks, eviction notice, proof of delivery of the notice, and any records of communication between the tenant and you. If any extra documents such as pictures should be in 3 copies ( for landlord, tenant and the Board)
Steps of the hearing process:
- The Landlord explains why they are evicting the Tenant.
- The Tenant can ask the Landlord questions about what was just said.
- The Tenant tells their story why they should or should not stay.
- The Landlord can ask the Tenant questions about what was just said.
- The member of court will ask questions to clarify concerns they may have.
- The Landlord and Tenant Board will review their case and give a closing argument.
- The Member will make a decision.
Eventually, the Board makes a decision. If the Board rules in the landlord’s favour, congratulations, you’re that much closer to getting your property back and being able to rent to new tenants. The tenant will need to vacate the property by a specific date. Make sure to follow any of the rules set out by the lawsuit. The tenant will be provided with a certain amount of time to gather their belongings and vacate the property. If the tenant doesn’t leave by the court-given date, then you will want to have a local law enforcement officer (sheriff) come to the property and accompany the tenant off the premises.
When the Landlord goes to the Sheriff’s office, they need a certified original and a copy of the eviction order. Once the appropriate paperwork is complete, and you have paid the fees ($400), the Court Enforcement Office will schedule a week when the Sheriff will come to the rental unit, and remove your Tenant. If the tenant leaves anything behind, make sure to check state laws regarding what to do with this. You may be required to put it in storage for an amount of time.
Ontario landlords pay roughly $2500 out of pocket when evicting a tenant. This amount includes legal, court, and sheriff fees. However, The process of evicting a tenant in Toronto, GTA is not easy and it’s time-consuming. Evicting a Tenant in Ontario takes approximately 131 days. When factoring in lost rent, landlords lose an $12000 on average.This adds up to ~$14500 in costs per eviction in GTA.
Average Length of Evicting a Tenant in Ontario
- Provide written notice to the tenant (1-28 days after breaking the Lease or Law).
- File LTB application (7-60 days after written notice).
- Attend an LTB hearing (56 days after filing an application).
- Receive an eviction order from LTB (22 days).
- Enforce order (30 days after eviction order).
If you are looking for a property management team that has several decades of experience solving issues like above, Do not hesitate to reach out to us.
When you choose to work with us at zoodpm, we’ll work hard to help avoid evictions by offering a thorough tenant screening process. And if the worst should happen, we will handle the eviction process for you, Contact us.