Back to: Landlord Success: Proven Strategies & Practical Advice for Stress – Free Property Management
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- SUBSTANTIAL BREACH OF THE LEASE: Some of these breaches can result in 24-hour, 48 hour and 14-day evections, check the current Act for exact details. A substantial breach by a tenant may result in an eviction, and includes if the tenant:
- interferes with the landlord or landlord’s employees.
- disturbs other tenants (for example, by playing loud music late at night or being noisy).
- endangers others in the building.
- causes significant damage to the residential premises.
- doesn’t maintain or keep clean the residential premises and all property included in the residential tenancy agreement.
- doesn’t vacate the premises when the tenancy ends.
- LACK OF RENT PAYMENT (where they are not cooperative)
- The rent is not being paid; you have tried to be nice, and the tenant is not playing nice.
- Immediately complete and send them the ‘Landlord's Notice to Tenant Termination of Tenancy For Substantial Breach’ form. Complete all applicable fields in this form to be compliant with RTDRS.
- Give this to them in person and take copies. If you can not meet in person, then post it on the door. Take 3-time stamped photos of it on the door:
- 1 of the form so it is readable.
- 1 of it showing it taped to the door, showing the entire door and some fame of the door.
- 1 from the sidewalk showing the house with the form taped to the door.
- A tenant must be given the notice at least 14 clear days before the tenancy is to end. This means the day the notice is given and the day the tenancy ends don’t count as part of the 14 days.
- Based on the Landlord Tenant Act, if the tenant does catch up with the rent they will be allowed to stay. And the entire process may start again the following month.
- If you have a tenant that is continually late on the rent, you should not renew the lease when it come up for renewal; and they will have to leave the property at that time.
- If it becomes obvious that they will not pay or leave, and you are not comfortable dealing with the tenants please seek professional help and talk to one of the bailiffs recommended in our partner’s section.
LANDLORD WANTS TO END: There are several reasons you may want to request the tenant to vacate the property prior to the end of the lease.
- The landlord must only ask the tenant to leave for specific reasons if there is no breach of the lease and they are as follows:
- (a) If the landlord or a relative of the landlord intends to occupy the residential premises of the tenant (Relative meaning by marriage, blood, adoption, or common law relationship)
- (b) If the landlord has entered into an agreement to sell the residential premises of the tenant in which all conditions precedent in the agreement have been satisfied or waived and
- (i) the purchaser or a relative of the purchaser intends to occupy the premises, or
- (ii) the agreement is to sell one detached or semi-detached dwelling unit or one condominium unit, and the purchaser requests in writing that the landlord give the tenant a notice to terminate the tenancy.
- (c) If the landlord intends
- (i) to demolish the building in which the residential premises of the tenant are located, or
- (ii) to make major renovations to the residential premises of the tenant that require the premises to be unoccupied.
(Major renovation does not include just, painting, flooring or typical maintenance)
- (d) if the landlord intends to use or rent the residential premises of the tenant for a non-residential purpose.
- (e) in a case where the landlord is an educational institution and the tenant is a student of that institution, if the tenant is no longer a student or will no longer be a student when the notice period for terminating the tenancy has passed.