Fooled by the Tenant From Hell: Time to Evict?

The Tenant/Landlord relationship is a complex beast. In a perfect world, tenants wouldn’t have to worry about bad landlords, and landlords wouldn’t have to worry about bad tenants. Alas, no such world exists, and as a landlord, you may find yourself renting to the dreaded “tenant from hell”.  Potential tenants can be crafty, and if you haven’t done your due diligence in exploring the tenants’credit checks and referrals, then you’re running a major risk. So what do you do when your tenant stops paying rent? What do you do when they start to treat your property with a lack of respect? When they start treating your other tenants with a lack of respect? If your tenant has exhausted the opportunities you’ve given them to adjust, then you’re final solution may be to evict the client.

Ontario is one of the most bureaucratic regions in the world when it comes to landlord/tenant relationship management.  Red tape and legislation arms tenants with some pretty powerful ammo. Of course, tenants feel that landlords have all the power. Neither side is entirely right or entirely wrong. It’s never easy to manage a relationship where funds are exchanged for a living space; it’s a complex agreement to say the least. With that said, it’s important to know the process for eviction if you are a landlord who needs to get rid of a bad tenant. But first, you’ll have to be aware of legitimate reasons to evict, as listed by the Ontario Residential Tenancy Act (RTA). The RTA lists a surprisingly large amount of potential reasons to evict.These are the most common:

Non-Payment:

The most common and obvious reason to evict: tenant has stopped paying rent. This can mean that they are one day late, one month late, one dollar short, etc.

Persistent Late Payment:

Here’s another obvious one, but the surprising part is that there aren’t really any guidelines related to this. It’s up to the Landlord and Tenant Board to determine if the tenant “persistently” fails to pay the full amount by the due date.

Illegal Activities:

If the tenant uses the unit for illegal activity, such as drug dealing or prostitution, then you have the right to evict.

Constant Disturbances:

For example, if the tenant is excessively loud and consistently disturbs the landlord or other tenants in the building, than you can potentially evict.

Undue Damage:

You can evict if the tenant has caused excessive damage that can be attributed to much more than normal “wear and tear”.

The list goes on.

Despite an imperfect system, if your tenant is violating any of the reasons outlined in the RTA, you do have the right to evict. It may take longer than you’d like, and cost more than you’d like, but it may be necessary. This is the process:

  • The landlord must first send a written notice a certain number of days prior to the date that they would like the tenant to move out. Typically, the written notice will have a name starting with Notice to End Your Tenancy, with a certain number at the top i.e. N4, N5, N6, N7, N8, N12 or N13.
  • The notice must indicate the reason for eviction, and it must be in line with the RTA.
  • The number of days prior to asking the tenant to move out is in direct correlation with the reason for eviction. For example, if the reason is non-payment, it is 14 days. If the reason is persistent late payment, it is 60 days etc. Please refer to the RTA for all of the scenarios.
  • After the necessary time frame has been given to the tenant, if the problem persists and the tenant is still occupying the unit, the landlord must apply to the Landlord and Tenant Board for a hearing. This will cost the landlord $170.
  • If the landlord wins his or her case at the hearing, he or she will need a copy from the board, which may take another 5 days.
  • At this stage, the landlord must file an “eviction order” with the county Sheriff, who then arranges the physical eviction.

The whole process can be rather lengthy in the mind of a landlord. On average, it takes around 90 days. In some instances, it may take longer depending on the reason for eviction, postponed hearings, or if the tenant has made claims against the landlord regarding harassment, or non-maintenance of the rental premises. In this case, the landlord may be faced with even more legal fees. On top of this, a Landlord may be faced with legal fees related to obtaining any past due monies that are owed.

In the end, the process can be heart breaking, wallet breaking, tedious and exhausting. Your best bet as a landlord, is to extensively research any candidate that you may consider for your rental space. Do your due diligence, and with any luck, these problem tenants will be few and far between.