Frequenty Asked Questions
Can a tenant be evicted in the winter?
Yes. The eviction process is the same throughout the year. The sheriff’s office often doesn’t enforce writs of possession over the Christmas period, but the beginning of January, it is business as usual.
Once the lease ends can I take back possession?
No. The tenant has right of tenure and can remain in possession until either they give notice, or you give notice for cause. There are prescribed grounds to terminate the tenancy and unless you meet the criteria set out in the RTA then you cannot evict the tenant just because the lease has expired.
I donít have a written lease. Do I have a tenancy agreement?
Yes. A tenancy may be written, oral or implied. Although having a written agreement is generally easier to establish the intentions of the parties at the time the agreement was entered into, an oral or implied tenancy may also be enforceable, however the terms may be more difficult to establish if the parties are in disagreement.
Can I raise the rent whenever I want to raise it?
No. The rent can only be raised once every 12 months for a sitting tenant as long as the proper form is used and enough time ( 90 days) is given. You will also need to consult the Landlord and Tenant Board to determine the amount by which you are allowed to raise it in any given year.
Can I seek NSF fees, utility fees or late rent charges on the N4 Notice?
No. Only the total rent charged for the unit may be included on the N4 notice. If your tenancy breaks the rent down into rent and parking and then stipulates the total rent charged, then you would indicate the total amount on the N4. Extras such as NSF fees and late charges or separately billed utility fees cannot be included on the N4.
The tenant moved his buddies in, can I evict him?
No. Unless the tenant and his guests are interfering with the reasonable enjoyment of the premises by the landlord or other tenants, or they fall into one of the other grounds set out in the RTA, you do not have cause to evict.
The tenant leaves without giving proper notice, what rent am I entitled to collect?
You may collect any rent owing under the lease agreement provided you mitigate your loss. In other words if there are 3 months left on the lease, you must try to re rent the unit as soon as possible and document your efforts. You then would be entitled to collect any portion outstanding between the time the tenant left and the time the new tenant moved in or the end of the lease, which ever came first. This amount would be less any interest owing to the tenant on the last month’s rent deposit, or last month’s rent deposit you hold on account. If the tenant is a monthly tenant and fails to give the proper 60 days notice, then you have the same remedy, but would be limited to the time period had the tenant given proper notice.
One of the tenantís wants out of the lease and leaves the other tenant in possession. Are they both responsible until the end of the lease?
If the lease is joint and several in nature, then both tenants shoulder the responsibility of the rental payments. In that situation, you as a landlord, are not obligated, nor can you without consent of the other tenant, release the out going tenant from the lease.