Obtaining possession- a landlord's guide
Updated: Jun 25, 2022
If you're a landlord, you'll have to evict at least one tenant in your life. While evictions can be stressful and frustrating, they are also significant for protecting the rights of both landlords and tenants.
If a landlord wants to evict their tenant(s), they must understand the process from start to finish. In this guide, we'll discuss how to obtain possession of your property if necessary (including the steps before applying for an order of possession from the Landlord and Tenant Board (LTB)).
A landlord can only end a tenancy if they have grounds.
A landlord can only end a tenancy if they have grounds. The law requires that landlords serve tenants with notices of termination, provide them with an opportunity to dispute the notice, and apply for an order for possession from the Landlord Tenant Board (LTB).
The LTB will hold a hearing to determine whether or not the eviction should occur.
To end a tenancy, a landlord must first serve their tenant with proper notice of termination.
To end a tenancy, a landlord must first serve their tenant with proper notice of termination. The Notice of Termination must be in writing and served to the tenant at least 60 days before the end of the tenancy. The Notice of Termination can also require that you pay rent up to and including your last day and other amounts owed under your tenancy agreement.
It is important to note that there may be no need for either party (landlord or tenant) to participate in any dispute resolution process before ending that agreement. If the eviction is for non-payment of rent or because you have breached one or more terms of your lease agreement. It will be necessary for both parties (landlord and tenant) to come together so that they can sign off on certain forms which will reflect these changes made between them during their relationship together; namely:
The date when you moved into this apartment complex;
The amount paid each month by way of rent;
Once the tenant receives notice, the landlord must apply for an order for possession from the Landlord and Tenant Board (LTB).
The landlord must file an application for possession, which is an application for an order for possession. The landlord can also apply for an order for termination, which terminates the tenancy with no notice required from either party. A landlord may make more than one application simultaneously, but it is not necessary to do so.
After you receive word that your tenant has been served with the notice and has not vacated the rental unit within 48 hours as required by law, you can apply to LTB by completing a Request form (Form N5) on their website at www.ltb.gov.on.ca/en/. This form must be delivered personally or sent by courier service to LTB's head office in Toronto within 14 days of receiving confirmation from ServiceOntario that your request has been processed successfully through its system.
The LTB will hold a hearing to determine whether or not the eviction should occur.
The LTB will hold a hearing to determine whether or not the eviction should occur. In this type of hearing, the tenant is still allowed to defend themselves. However, the landlord must prove that they have grounds to end the tenancy and that they have made reasonable attempts at asking their tenants to leave (such as giving proper notice).
The tenant may also provide evidence that they have a valid reason for refusing to leave, such as having nowhere else to go or financial hardships preventing them from moving out.
If the Sheriff's office can execute the LTB grants possession, an Enforcement of Eviction order.
If the Sheriff's office can execute the LTB grants possession, an Enforcement of Eviction order.
The landlord must pay a sheriff's office fee to have this done.
The Sheriff will come to the property and remove any tenants still living there.
They will also give each tenant a Notice of Eviction and post it on their door or window so that they know they have been evicted from your property and when they need to leave.
They will then remove all belongings belonging to the tenant from inside your home and store them at an offsite location until you decide what you want to be done with them (if anything).
A landlord must understand how to obtain possession of their property before evading this course of action.
A landlord must understand how to obtain possession of their property before evading this course of action.
Landlords can take direct action against tenants who have breached their tenancy agreement by failing to pay rent or causing damage, or they can apply for an order from the court granting them possession of their property. If the tenant refuses to leave after receiving a notice requesting them to vacate, landlords must apply for an order from the court. Otherwise, they may face prosecution themselves if they forcibly remove the tenant without permission from the courts.
There are two types of eviction: specific and general. Specific removals are based on grounds such as failure by a tenant to pay rent on time or to cause damage to your property. In contrast, general evictions occur when there aren't any specific reasons provided as justification for terminating tenancy agreements between you and your tenants but do so because you don't like them anymore (which would be wrong!).
An application must be filed with your local district court before making any applications relating specifically to obtaining possession orders. This means that anyone wishing not only themselves but anyone else involved should gather all relevant paperwork beforehand so that nothing gets missed out during the processing stages!
Conclusion
In conclusion, possession is an essential part of the landlord-tenant relationship, and it is your right as a landlord to obtain it. It's important to know what steps you need to take and how long they'll take so that you can get your tenant out smoothly without any issues.