How To Evict a Tenant-


Since the process of evicting a Tenant can be quite lenghtly, I'll make this as easy and condensed as possible.

At the end, I will show you a FAST way to evict a problemTenant

If you would like clarification on the eviction process, don't hesitate to give me a call or email.

Reasons to Evict a Tenant

  • Non Payment- This can be by one day. Life happens, a good rule of thumb is, "5 days late? Eviction notice"

  • Disturbing other Tenants- Parties, loud animals, harassment etc.

  • Causing "undue" damage to the unit or common areas- On top of normal wear and tear

  • Illegal activities- Selling drugs, etc.

  • Risking the safety of others in the building- Hoarding etc.

  • Moving into a Unit- The Landlord, or the Landlord's immediate family moving into the unit

  • Major Renovations- The Landlord needs the unit vacant in order to complete renovations

  • Alternate Use- The building or lot is being redeveloped for a different use.

Steps to Evict Tenant

The most common reason for eviction is nonpayment. I will take you through this process and what actions you need to take. If you are evicting a tenant for other reasons. Don't hesitate to contact me and I can guide you through this process

  • Serve your Tenant with N4 form - Notice to End a Tenancy Early for Non-payment of Rent. The Tenant has 14 days to pay their rent.

If the Tenant hasn’t paid

  • Complete and serve the L1 Form: Application to Terminate Tenancy. Fee: $170. Set a date for a hearing: typically 3+ weeks where the Tenant has a right to defend their case.

Tenant doesn’t show up for the hearing (typical) and has not paid

  • Obtain a Standard Order for from the adjudicator 11 days after the order for the Tenant to vacate the unit. (Typically 2 weeks)

Tenant doesn’t vacate at the court ordered date

  • Go to the Sheriff’s Office, where the Landlord pays $400+ (depending on municipality) where the Landlord fills in questionairs about the Tenant. Next business day the Sherriff will post a notice on the unit door. The Sherriff typically provides 3 weeks for the Tenant to vacate

Tenant still has the option of paying the arrears of rent and continue tenancy.

In this case (and in most), they do not.

  • +/- 3 Weeks after the notice is posted by the Sherriff, they conduct the eviction. At this time you will receive vacant possession. Landlord must be present

  • To collect arrears of rent, go to the Sherriff and provide the Tenant’s letter of employment to garnish wages ($160 fee) ALTERNATIVLY you can go through small claims court.

To summarize, the eviction process can take a minimum of 3 months if the Tenants are aware of their rights.

Cost of eviction: Lost Rent- $2,700 (3 months at $900/month), Fees-$500+, and most of all, your time and stress that an eviction causes.

The process above is the LONG way to evict a Tenant.

The Fast and Easy Way is Simple.

Offer the Tenant a cash incentive to vacate the property.

“If you move out by the end of the month, I will pay you $500 cash when I receive the keys and the unit is in the same condition as when you took possession.”

Mention to the Tenant that you will forgive their current debt and will not pursue a credit report. Prepare a short letter explaining the agreement and have the Tenant sign the letter. Along with the letter, have the Tenant sign theN11 Agreement to Terminate a Tenancy.

When a Tenant fails to pay rent, it’s typically because they are not able to. Providing them with a few hundred dollars could help them find suitable housing that they can afford.

When you weigh all the costs associated with an eviction and dealing with the Landlord Tenant Board, providing an incentive to leave will make the best solution for the Landlord.

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Erik Erwin

Sales Representative

519.500.9950

Erik.Erwin@ChestnutParkWest.com

75 King Street South, Unit 50

Waterloo, ON  N2J 1P2 | Canada

www.chestnutparkwest.com

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