In some situations a landlord can require a tenant to move out. Sometimes a tenant must be given a period of time to move out. In other cases the landlord can insist that the tenant leave immediately. In all cases the landlord must serve notice on the tenant to end the tenancy. This notice can be given to the tenant in-person or posted on the door of the rental unit and either mailed or sent by electronic means.
The notice must be in the approved form. It must...
During the state of emergency, the Office of Residential Tenancies (ORT) is not accepting applications for evictions related to unpaid rent or other non-urgent claims. Although rent remains due as usual, tenants cannot be evicted for non-payment at this time.
Urgent matters, such as situations that pose a health or safety threat due to violence or property damage, may still be heard. Urgent hearings will be heard by telephone only.
A landlord cannot end a tenancy for non-payment of rent if the tenant's obligation to pay rent is suspended. For example, the tenant's obligation to pay rent is suspended if a copy of the written rental agreement is not provided within 20 days of the tenant signing the agreement.
A landlord can end a tenancy immediately if a tenant is 15 days or more late with the rent. If the tenant is responsible for paying the utilities and they are late, the landlord can also end the tenancy. In this case the landlord must first notify the tenant that the payments are late and give the tenant 15 days to pay them.
To end the tenancy immediately the landlord must serve notice on the tenant. The notice can be...
There are several situations where a landlord can give a tenant one month’s notice to move out. These situations include the following examples.
Landlords must be prepared to demonstrate proper service of Notice to Vacate on the tenant or in the case of several tenants, each tenant. When applying to the ORT for possession of the property, the landlord will be required to provide a Certificate of Service confirming the method of service used and the date notice was served. Anyone can serve the notice on behalf of the landlord but the person who has served the notice must be the person completing and signing the Certificate of Service.
More information on proper service of documents can be obtained from the ORT.
Notice to end a tenancy in all the above situations must be in writing and must be given to the tenant on the day before the rent is due, one full month before the tenant is expected to move out. For example, if rent is due on April 1 and the landlord wants the tenant to move out by April 30 the notice must be given by March 31.
The landlord must first give the tenant a reasonable amount of time to correct the situation, if possible. The tenant may dispute the notice by completing the dispute notice on the bottom of the form and returning it to the landlord within 15 days; otherwise the tenant is deemed to have accepted the notice and must move out in accordance with the notice.
A landlord can end a tenancy with two months' notice in certain situations. A landlord cannot give this kind of notice if the tenant has a lease.
If the tenant does not dispute the notice within this time period they are deemed to have accepted the notice and must vacate the property by the date indicated in the notice.
The notice must be given by the day before the rent is due, two months ahead of when the landlord wants the tenant to move out. The tenant can dispute the notice to vacate by signing the dispute portion of the notice and giving it to the landlord within 15 days.
Once the notice has been served by the landlord, the tenant can end the tenancy earlier by giving the landlord 10 days written notice. If a landlord doesn't move forward with their plans for the property within a reasonable time they can be held liable for damages. They can also be held liable if the rental unit is not used for the identified purpose for at least six months.
A landlord can apply for an order of possession if a...
If an order for possession is granted it will take effect on the date set out in the order. That date can be before the tenancy would normally end.
If a landlord has given the tenant a one-month notice to vacate for cause, the landlord can apply for an order of possession to end the tenancy before the notice period has passed. The landlord can do this if it would be unreasonable for the landlord to wait until the end of the notice period and the tenant or a guest of the tenant has...
Where a landlord makes an application for possession, a tenant can ask the ORT not to grant the order if the landlord...
A landlord can enforce an order for possession by taking a copy of the order and the original writ to the Sheriff's office. The Sheriff decides the most appropriate way to return control of the rental unit to the landlord. This might be posting a notice on the door or asking the tenant to leave and changing the locks. The tenant must then contact the landlord to arrange to get their belongings.