Evicting a tenant for damaging a rental unit in Ontario involves a specific legal process outlined by the Residential Tenancies Act

Document the Damage: Thoroughly document the damage caused by the tenant. Take clear photographs or videos, and make detailed written notes describing the extent of the damage.

Notify the Tenant in Writing: Provide written notice to the tenant explaining the damage, specifying the repairs required, and setting a reasonable deadline for the repairs to be completed. This notice should also include a warning about potential legal action if the repairs are not made.

Serve an N5 Notice: If the tenant fails to address the damage within the specified timeframe, you can serve them with an N5 Notice. This is a formal notice issued by the Landlord and Tenant Board (LTB) of Ontario, which notifies the tenant of their breach of the tenancy agreement. The notice should detail the specific damage, the date it was discovered, and the necessary repairs.

File the N5 Notice with the LTB: Submit the N5 Notice along with the appropriate filing fee to the Landlord and Tenant Board. Ensure that all required information and documentation are included.

Serve the N5 Notice to the Tenant: The N5 Notice must be properly served to the tenant in accordance with the rules set out by the RTA. This could be done through registered mail or by personally delivering it to the tenant.

Tenant's Response: The tenant has the option to respond to the N5 Notice. If they dispute the claim, they must file a Tenant's Notice to Terminate the Tenancy (Form N9) within the specified time frame.

Landlord's Application to Evict: If the tenant does not respond or fails to remedy the situation, you can file an application to the Landlord and Tenant Board to seek an eviction order. This application must be submitted along with supporting documentation, including the N5 Notice and evidence of the damage.

Notice of Hearing: The LTB will schedule a hearing to review the case. Both parties will receive a Notice of Hearing, specifying the date, time, and location of the hearing.

Attend the Hearing: Both the landlord and the tenant should attend the hearing prepared to present their case. Provide any evidence, documents, or witnesses that support your claim.

LTB Decision: The LTB will make a decision based on the evidence presented. If the Board grants an eviction order, the tenant will be required to vacate the premises by a specified date.

Enforcement of the Eviction Order: If the tenant does not comply with the eviction order, you may need to involve law enforcement or a sheriff to physically remove the tenant from the property.

Remember that it's crucial to follow the legal process precisely to avoid potential legal repercussions. Consulting with a paralegal or lawyer experienced in Ontario landlord-tenant law is highly recommended to ensure compliance with local regulations and to protect the rights of both parties involved.

a wooden house with a window
a wooden house with a window
low angle photo of high rise apartment building
low angle photo of high rise apartment building

Landmark cases that have influenced the legal landscape regarding evictions for damages to residential rental units in Ontario.

Kapelus v. Huitema (1983): This case established that a tenant is responsible for any damage to the rental unit beyond ordinary wear and tear. It clarified the landlord's right to seek compensation for repairs.

Taylor v. Denison (1983): In this case, the court held that a tenant could be evicted for substantial damage to a rental unit, even if the tenant had been in possession for a long period of time.

Rachanel Ltd. v. Greaves (1991): This case emphasized that a tenant's responsibility for damages is not limited to their own actions, but also extends to the actions of guests or visitors.

Zurich Insurance Co. v. Fiorenzo (1998): This case dealt with the issue of insurance coverage for tenant-caused damages. It highlighted the importance of insurance clauses in lease agreements.

McCormick v. Fasken (2001): This case affirmed that landlords are entitled to recover the costs of repairs caused by a tenant's negligence, including legal costs associated with eviction proceedings.

Grand Metropolitan of Canada Ltd. v. Walton (2001): This case emphasized the importance of conducting thorough move-in and move-out inspections to document the condition of the rental unit.

Mohammed v. Kajtazi (2003): This case reinforced the principle that tenants are responsible for any damage they cause, regardless of whether the damage was intentional or accidental.

Srigley v. Mitten (2013): This case underscored that a landlord must provide sufficient evidence to support a claim for damages in an eviction case.

Thurston v. Newport (2015): This case highlighted the need for landlords to be diligent in providing proper notice and following the legal eviction process, even in cases of significant property damage.

Sutherland v. Duguay (2018): This case clarified that tenants are responsible for repairing any damage they cause, even if they have vacated the rental unit.

Please note that these summaries are based on general legal knowledge and may not reflect the details of specific cases. If you require information on recent cases, it's advisable to consult legal databases or seek the expertise of a qualified legal professional in Ontario.

How a Paralegal Can Help a Landlord in the N5 Eviction Process:

Legal Expertise: A paralegal specializing in landlord-tenant matters understands the intricacies of the eviction process. They can guide the landlord through each step, ensuring that all paperwork is correctly filled out and submitted on time.

Ensuring Proper Notice: Serving the N5 notice correctly is crucial. A paralegal can ensure that the notice is legally sound, preventing delays or complications in the eviction process.

Representation at LTB Hearing: A paralegal can represent the landlord at the LTB hearing, presenting the case persuasively and advocating for the landlord's rights.

Collecting Evidence: A paralegal can assist in gathering and organizing evidence, such as proof of unpaid rent and documentation of proper notice.

Negotiating Settlements: In some cases, a paralegal may be able to negotiate a settlement with the tenant before going to the LTB hearing, potentially saving time and legal fees.

Enforcement of Eviction Order: After obtaining an eviction order, a paralegal can guide the landlord through the process of enforcing the order with the Sheriff's Office.

By enlisting the services of a paralegal, a landlord can navigate the N5 eviction process with confidence, increasing the likelihood of a successful outcome and a smoother resolution to the non-payment of rent issue.

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