If you are a landlord you almost certainly have at least one bad tenant. Inevitably you start questioning how to evict them in a legal way.

This blog will give you a general understanding of the process you will need to undertake to evict an unwilling and unwanted tenant. It is the third in a series.

 

How To Evict A Bad TenantIn Thunder Bay

Eviction Is Not Simple

Landlords often believe they are able to evict a tenant at the drop of a hat. Unfortunately for landlords, that is not the case. Landlords must follow the Rules and Guidelines for eviction as set out by the Landlord and Tenant Board and Residential Tenancies Act. A Landlord can only proceed with an eviction if the reason falls within the Rules and Guidelines of the Acts.

A landlord must act with integrity at all times. As a landlord, you cannot shut off vital services. You also cannot simply claim that you are evicting a tenant and force them out. A legal process must be followed within the Board.

The landlord must start the eviction process by first providing/serving the tenant with one of the formal notices provided by the Landlord and Tenant Board. Next, in some instances, a second notice must be provided/served upon the tenant. If the tenant refuses to vacate the premises by the stipulated termination date in the notice, the landlord must then proceed the eviction via an Application to the Landlord and Tenant Board.

Counterclaims Are Possible

After the Application is received by the Landlord and Tenant Board, a Hearing date will be provided to the landlord and tenant. During the hearing, the tenant may bring their own claims against the landlord for issues they are experiencing within their unit at this Hearing. It is worth noting that if you start an eviction action, you may loose and wind up with a judgement against you resulting from a counterclaim.

During this whole process you should have a professional legal representative on your side. There are timelines and steps that need to be followed. If you do not keep to the timelines, you will be penalized by the adjudicator.

At Larson Lawyers, we have our Paralegal Candidate, Rae-Ann Rees, who is well versed in Landlord and Tenant Law. She will do everything she can to advocate on your behalf at a Hearing within the Landlord and Tenant Board.

Call Me About Your Small Claims, Eviction, Or Other Legal Issues

At this Hearing, each side will argue their position in front of an adjudicator. If one party does not show up or attend the Hearing, the Hearing may be adjourned. Conversely, the adjudicator may allow the Application to proceed to eviction. After each side has argued their position, the adjudicator will usually reserve their decision. A written decision is normally rendered later.

If the eviction is granted, the tenant may move out on their own. If they do not, the landlord may be forced to finally have the Sheriff enforce eviction.

As a landlord, you could be losing thousands due to tenant issues. Hiring Larson Lawyers to help evict a tenant via the correct legal process and assert your legal rights.