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Landlords: Evicting a problem tenant

Do you have problem tenants? Have they failed to pay their rent, or possibly been disturbing other tenants, or yourself? Are they posing a risk to yourself or to your other tenants? Can you prove they are using the premises for illegal activity? You may have reasons to evict.

Eviction should be considered a last resort, and in Canada, the law in some provinces requires a whole mediation process before you'll even get an approval to evict your tenant. This can be costly, and quite a frustrating process. However, it is sometimes necessary to evict, and this article will detail procedures you should follow, and give you general advice on evicting a tenant in Canada.

The eviction process varies from province to province, and you should check with your local residential tenancies office to be sure of the laws in your area. In Canada evictions are handled by a Residential Tenancy Office, and not usually in court.

Most everywhere the reasons for evicting a tenant are the same. Depending on your reason there are certain steps you should follow.

Nonpayment of rent:

If your tenant hasn't paid their rent, and are at least 30 days in arrears (Nova Scotia), you can serve a 15 day notice to deliver up possession of the premises. In British Columbia you don't have to wait for the tenant to be 30 days, you can serve the notice the day after rent is due, and the tenant has 5 days to pay the rent or dispute the notice, and if neither is done they must vacate on the 10th day. Also in BC, a landlord can end a tenancy for cause, giving a month to vacate, if the tenant has been late with their rent at least 3 times. In Ontario the day after rent is due you can serve a "Notice of Termination" but it will not take effect until 14 days after the notice is given (or only 7 days if rent is usually paid on a daily or weekly basis) and the notice must include the fact that this termination can be avoided if rent is paid. These notices can be served by yourself, a friend or a process server.

Disturbing the peace / illegal activities / danger to landlord or other tenants:

In BC the landlord can give the tenant a notice of termination with a full calendar month notice. Under extraordinary circumstances the landlord must make an application to the tenancy office to have the tenants vacate in less than a month. In Nova Scotia, a landlord can give a 5 day notice to quit, and make an application to the tenancy board seeking termination, and the tenant has the option to dispute the eviction, in which


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