As a landlord in Ontario, you may, from time to time, find yourself caught in a tenancy situation that requires conflict resolution or mediation. In these instances, eviction should always be viewed as a last resort. Not only is the eviction process lengthy and emotionally draining for both parties, it can also be costly, particularly in Toronto, where waiting times for a hearing at the Landlord and Tenant Board (LTB) can extend for months. Before considering an eviction, landlords should exhaust other methods, such as mediation and negotiation in an attempt to resolve disputes as quickly and amicably as possible.
This article will explore how landlords can effectively address tenant issues, how to use mediation to resolve conflicts and the necessary steps for eviction when all else fails.
Why Eviction Should Be a Last Resort
Eviction is disruptive and stressful and should never be taken lightly. The process can be legally complicated, time-consuming, and expensive, involving strict documentation requirements and protracted timelines. In Toronto, the wait for a hearing at the LTB can be several months, during which, tenants are free to remain in possession of the property.
Before pursuing eviction, landlords should consider alternatives like mediation. Mediation can be a more efficient and more amicable way of resolving disputes, enabling both parties to communicate directly and, ideally, come to a mutually acceptable agreement without the need for a lengthy legal process.
A Cost-Effective and Efficient Alternative
Mediation involves a neutral third-party mediator who helps to guide a negotiation and exchange between landlords and tenants, ultimately with the goal of reaching a resolution. This method can be effective and efficient, offering multiple advantages to landlords:
- Faster Resolution: Mediation can typically be completed within a few weeks, compared to the months-long delays of filing with the LTB. This allows landlords to resolve tenant issues without prolonged uncertainty or disruptions.
- Cost-Effective: Mediation is generally less expensive than pursuing eviction through the LTB. With minimal fees for services, it can save landlords the costs of filing applications and hiring legal representation, not to mention taking time off work to attend a hearing.
- Preserves Relationships: Mediation fosters collaboration, allowing landlords and tenants to work together toward a solution that meets everyone’s needs. This can preserve the landlord-tenant relationship, which is valuable for long-term property management.
- Win-Win Solutions: Mediation focuses on mutually beneficial outcomes, whether that’s arranging a payment plan for overdue rent, adjusting lease terms, or making other reasonable accommodations.
If you’re unsure how to initiate mediation, we have team members available who can speak with you about possible next steps.
When is Eviction Necessary?
While mediation is a great first step, there are situations where eviction may become necessary. Here are some common reasons why a landlord may need to evict a tenant in Ontario:
- Non-Payment of Rent
Failure to pay rent is the most common reason for eviction. If a tenant doesn’t pay rent on time, landlords can issue a Notice of Termination (Form N4), which gives the tenant 14 days to pay or vacate the property. However, many tenants will pay after receiving this formal notice. Mediation can often help resolve the issue without resorting to eviction. However, if the tenants are unwilling to communicate, escalation may be necessary. - Breach of Lease Terms
If a tenant violates the lease (e.g., causing damage, subletting without permission, or having unauthorized occupants), landlords can issue a Notice of Termination (Form N5). Before issuing an eviction notice, it’s important to have a conversation with the tenant to understand the situation and explore potential solutions. - Landlord’s Personal Use
If a landlord needs the property for personal use, such as moving in a family member, they can issue a Notice of Termination (Form N12). However, the landlord must compensate the tenant with one month’s rent if eviction occurs for personal use. - Excessive Noise or Disturbances
If a tenant repeatedly causes disturbances that affect other tenants’ enjoyment of the property, eviction may be necessary. However, landlords should first provide a warning or formal notice. If the behavior doesn’t improve, a Notice of Termination for Cause (Form N5) can be issued. - Illegal Activities
If a tenant engages in illegal activities (e.g., drug use or criminal behavior) on the property, landlords can issue a Notice of Termination (Form N6) and begin the eviction process. However, this must be handled carefully to avoid legal complications.
How to Evict a Tenant? —When Mediation Doesn’t Work
If mediation doesn’t resolve the issue and eviction becomes the only option, landlords must follow a strict legal process. Here’s an overview of the eviction steps in Ontario:
- Issuing a Notice of Termination
Landlords must issue the appropriate Notice of Termination (Form N4, N5, N6, or N12), depending on the reason for eviction. Each form has its own timelines and requirements, and it’s crucial to follow these procedures closely. - Filing an Application with the LTB
If the tenant doesn’t comply with the notice, the next step is to file an application with the Landlord and Tenant Board. This initiates the formal eviction process, which includes a hearing where both parties present their case. - Landlord and Tenant Board Hearing
The LTB schedules a hearing where both parties can submit evidence and present their arguments to an adjudicator. This process can take several weeks depending on the case. - Eviction Order
If the LTB rules in favor of the landlord, an Eviction Order will be issued, specifying when the tenant must vacate the property. If the tenant refuses to leave, landlords can seek assistance from the Sheriff’s Office to carry out the eviction.
Should You Hire a Professional for the Eviction Process?
Landlords can handle the eviction process themselves, especially if the situation is straightforward. However, in more complex cases—such as those involving illegal activities or major lease violations—hiring a professional can help:
1. Property Management Companies: Property management companies can oversee the entire eviction process, ensuring all legal steps are followed correctly and saving landlords time.
2. Lawyers: For more complicated cases, such as those involving legal disputes or if the tenant refuses to leave after an eviction order is issued, hiring a lawyer can be invaluable. Legal professionals can offer advice and represent the landlord in LTB hearings.
Ultimately, whether a landlord should choose to handle eviction on their own or hire professionals depends on the complexity of the case and the landlord’s comfort with the legal process.
Conclusion: Explore Alternatives Before Resorting to Eviction
Eviction should always be a last resort. Before pursuing this costly and time-consuming process, landlords should first consider mediation as a way to resolve disputes amicably and efficiently. Mediation can offer a quicker, more affordable, and less adversarial solution, helping both parties reach an agreement that works for everyone.
If mediation doesn’t resolve the issue, landlords must ensure they follow the legal procedures for eviction to avoid complications. Whether handling the process independently or with professional help, understanding the proper steps is crucial to ensuring a smooth and compliant eviction process.
As a landlord in Ontario, always keep accurate documentation and seek professional legal advice when needed. By addressing issues early and working toward amicable solutions, landlords can often avoid eviction altogether and maintain a positive, productive relationship with their tenants.
Download Forms
N4 – Notice to End your Tenancy Early for Non-payment of Rent
N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
N6 – Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit
N12 – Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit
QA Section:
Q1: How can landlords prevent tenant issues before they arise?
A1: Landlords should conduct thorough background checks, set clear expectations in the lease, and maintain open communication. Regular property inspections can help catch issues early, and building a good relationship with tenants encourages them to address concerns before they escalate.
Q2: What should landlords do if a tenant expresses dissatisfaction but doesn’t want to pursue mediation?
A2: Landlords should listen to the tenant’s concerns and try to find a solution. Sometimes, offering options like flexible payment plans or adjusting lease terms can help resolve the issue without formal mediation.
Q3: Are there resources for landlords unfamiliar with the eviction or mediation process?
A3: Yes, the Ontario Landlord and Tenant Board (LTB) offers guidance on eviction. Legal clinics and mediation services are also available for landlords needing help with the process.
Q4: What mistakes can landlords make during eviction that cause delays or complications?
A4: Common mistakes include using the wrong eviction form, failing to follow timelines, and not documenting communication with tenants. These can delay the process and create complications.
Q5: How does tenant turnover affect landlords, and how can mediation help?
A5: Tenant turnover costs landlords in lost rent and re-advertising fees. Mediation can resolve disputes quickly, helping to retain tenants and avoid vacancies.
Q6: How can landlords stay updated on tenant rights and eviction laws?
A6: Landlords can regularly check the Ontario Landlord and Tenant Board website and stay informed through landlord associations. Seeking legal advice when needed can also ensure compliance.
Q7: What emotional challenges do landlords face during eviction, and how can they cope?
A7: Eviction can be emotionally difficult, but recognizing it as a last resort can help. Seeking support from property managers or legal experts can provide reassurance and guidance.
