Landlords frequently have problems with their tenants not paying rent on time, or not following the standards set out on the lease or rental agreement in terms of proper care of the property.

 What are some of the reasons a landlord can evict?
A tenant may be evicted for two types of reasons, fault and no fault. These are outlined below.

No Fault

  • Landlord requires the unit for their own use, or that of a family member;
  • Demolition, conversion or repair of the rental unit or the residential complex;
  • Conversion to a condominium;
  • Residential complex is being severed into smaller lots
  • Sale of the property (variables involved)

Fault

  • Non-payment of rent
  • Illegal act
  • Misrepresentation of income in subsidized housing
  • Damage of unit or building
  • Interference with the peaceful enjoyment of the premises by the landlord or other tenants
  • Overcrowding or impairing safety.

Can a tenant withhold rent because the maintenance is bad?
No. Withholding rent can put tenants in jeopardy of losing their unit for non-payment of rent and a possible application by the landlord for termination of the tenancy. There are other options for dealing with maintenance problems such as contacting the landlord in writing about specific problems, filing an application for rent abatement with the Board, or speaking with the superintendent or property manager.

Can a tenant break a lease?
A tenant and landlord may agree to break a lease. It is best for both parties if this agreement is in writing and signed by the landlord and the tenant.

Can a tenant sublet?
If the landlord is not willing to break the lease, the tenant has the right to sublet to a new tenant with the landlord’s consent.

If the landlord refuses to allow the tenant to sublet the unit, or if the landlord does not respond within 7 days of the tenant’s request to sublet, the tenant may end the tenancy with 30 days written notice.

Fortunately you have the option of applying to the Landlord Tenant Board for all unresolved tenant issues.  Our first step to a resolution is to attempt an equitable agreement with your Tenant.  If this fails, the Landlord Tenant Board provides mediation services; failing which, an adjudicator will be provided.

As your representative, I would prepare and serve the notice of eviction on the tenant followed by an application to the board.  Once the board receives the application, they will respond with a notice of hearing. A tenant will always have an opportunity to present arguments against the eviction at a hearing.   An order will be issued as a result of the hearing.  If the application is for arrears rent, the tenant typically has an agreed upon period of time to pay, otherwise face immediate eviction.

If you need assistance with your Landlord, Tenant issues, please contact us for a consultation.

These services are offered by:

Debbie Baker

Paralegal

Collections, agency representation, small claims court, landlord/tenant, and process serving.