Are you a landlord and want to end tenancy in Ontario?
2020 has been one of the most uncertain and unpredictable years for all across the globe. Everyone is struck, and as a result, they are unable to manage their expenses. Even not to pay off the necessary bills as they do not have a source of earning. Companies are terminating job contracts, cutting down the labor requirements, or shrinking their production scales. All these actions are putting an ordinary person into a position of insufficiency of financial resources and forcing people to slip into the state of debt.
You can eat anywhere at a lower cost and wear your old clothes, but if you do not have a stable place to stay, it is torturous to survive in such hardships as the current pandemic. On the same note, people face the dis-contentment and breaches of rental payments to the landlords due to the persisting situation.
Revenues of landlords from property investments are sloping down constantly without any positive sign of recovery soon. Hence, they are sending a legal notice to their tenants to evict the apartments. According to Ontario Landlords and Tenants Board, there have been 6000 registered filing regarding the termination of tenancy contracts due to rental non-payment. Simultaneously, 500 applications have been recorded with the Board against the tenants who had dues during March-July 2020.
On the face of it, the situation seems entirely unfavorable to the tenants. As they are being notified and against whom the applications are submitted. However, according to the Ontario Landlords and Tenants Board, both parties have their rights and obligations for exercising their point legally. It looks unfair because of the instability, and the landlords have initiated it.
Let’s discuss in what situations the tenancy agreement stands cancelled, who can do that and how to proceed with it?
What Is the Residential Tenancies Act, 2006?
The Residential Tenancies Act,2006 of Ontario, applies to the relationships amongst landlords and rental accommodations tenants. It clearly states the rights and responsibilities of both the parties, the tenancy contract, standards to be followed during tenancy, and supreme to all how each party involved can bring the agreement to an end legally.
Here are the landlord’s well-defined steps to ask the tenant to vacate the rental stay in a lawful manner.
Step 1: Written Notice sent to the tenant
Before proceeding with any legal action against the tenant, she/he must be notified about the same and inform about the date of beginning legal actions. Moreover, the notice should contain the reasons for vacating. It can be not non-payment of rental charges, damaging the property, often delays in payments, non-adherences to the contract’s core values, etc.
Step 2: File Appeal to the Board
Here the landlord has to complete the preliminary task by filling the Application to Terminate a Tenancy and Evict a Tenant form along with the required fee, which includes an appeal to the Board for granting a date of hearing.
Step 3: Passing on the Application and Hearing Date to Tenant
In the next step, the landlord is required to pass on the application to the Landlord and Tenant Board and the Hearing Notice to the tenant. It has to be done a minimum of ten days before the date of hearing if it is a case of non-payment of rental charges. However, the period shrinks to five days if it is a grieved matter.
Step 4: Filling for Certificate of service by Landlord
Just after notifying the tenant, the landlord should file a Certificate of Service to authenticate the delivery of required documents to the tenant in due time.
Step 5: Hearing date
Now the Board of Landlord and Tenant hear out points from the sides of tenant and landlord.
Step 6: Order of Eviction
At this final stage, the Board orders an Eviction Order stating the tenant’s latest date to vacate the rental unit if the hearing is against the tenant. Even the landlord can move to the Court Enforcement Office if the tenant does not evict the said date. In the worst-case scenario, the tenant can be hand-cuffed by the landlord in the presence of the cops if not moved out after the legal hearing.
However, tenants can exercise the following rights and powers to save themselves from legal proceedings and time consumption.
So, come over to get an insight of the same-
- Terminating tenancy- Tenant’s Rights
Even the tenant can give a notice to the landlord for exiting the tenancy agreement if she/he expects the chances of not being able to pay the rental charges in the coming time. The date of vacating the premises must be mentioned.
- Premature Tenancy End
This is a mutual agreement between the landlord and the tenant. If the landlord affirms letting the tenant exit the agreement before the termination, the contract of tenancy comes to an end legally. However, this has to be in written form, having signatures of both the parties, address of both premises, and consent.
- Allotting the apartment to new tenants
In this case, the tenant can assign the tenancy agreement to another party without actually terminating the contract with the landlord. But the tenant should give the notice of termination to the landlord within 30days from then. If agreed upon, the tenant is freed from the agreement, and the latter enters.
- Subletting of the rental stay
If you do not want to terminate the agreement but have to leave the rental unit for a few months, you can sublet to another person at the landlord’s nod. However, it is risky and compensatory on the tenant if the newcomer causes any damage to the property, misbehaves, or does not pay rent. That is why it is suggested to avail legal advice before subletting your rental unit in Ontario; otherwise, your landlord may appeal to the Board for lawful charges.
Tenancy Laws are quite strict and punishable in Ontario if not adhered to judiciously. Even pandemic has not deterred the landlords from notifying their tenants, and no relief has been given to them in these challenging times. If both parties exercise their rights and responsibilities accurately, no legal consequences can arise.