Housing eviction with the help of a lawyer

Are you a landlord who wants to know the procedure for evicting a tenant? Everything you need to know to better understand this procedure is in this article.

What are the legal grounds for eviction?

To protect tenants from abuse, Canadian law regulates rental evictions.

Eviction for change of project

Tenants have the right to maintain occupancy of their dwelling throughout the term of their lease. However, under article 1959 of the C.c.Q., the landlord may evict the tenant for 3 reasons:

• • he wishes to subdivide his dwelling into smaller units ;

• • you wish to enlarge your home;

• • you wish to change the use of your home.

A change of use means the transformation of a residential building into a commercial building.

Eviction for repossession of the dwelling

In a repossession eviction, the landlord forces the tenant to leave the premises for personal reasons, generally for private use of the property.

The owner re-appropriates the property for use by himself, his ascendants or first-degree descendants.

Here are quotes from legal texts:

• • In Ontario, the Residential Tenancies Act provides in section 48(1) that: “The landlord may give notice of repossession if he intends to repossess the dwelling for himself, for a member of his family or for his spouse, or for a guardian, as defined in the Child and Family Services Act, who is in need of accommodation.”

• • In Quebec, section 1974 of the Act respecting the Régie du logement states that: “The lessor may repossess the dwelling if he intends to use it for his own use, that of his spouse or his father and mother, or that of his son or daughter. However, he may only do so for himself, his spouse, his father and mother or his son or daughter.”

Eviction for non-compliance with lease terms

Tenant eviction is the result of a breach of the terms of the contract or building regulations:

• • late payment of rent and utilities ;

• • failure to take out home insurance;

• • unauthorized subletting..

In the event of late payment of rent, the landlord can take the tenant to court, request termination of the lease and claim unpaid rent from the tenant.

Illegal grounds for tenant eviction

Landlords may not initiate eviction proceedings to get rid of their tenants, for revenge or out of discrimination.Eviction is also prohibited following a complaint by the tenant about an offence committed by the landlord. These are all grounds for wrongful eviction.

• • Canada’s Human Rights Act prohibits discrimination against tenants on the basis of race, color, national or ethnic origin, religion, age, sex, family status, sexual orientation, marital status or disability.

• • Ontario’s Residential Tenancies Act prohibits landlords from evicting tenants without just cause (list of just cause: non-payment of rent, breach of lease terms, nuisance or unlawful behaviour). Source : https://www.ontario.ca/fr/lois/loi/06r17

• • Quebec’s Loi sur la Régie du logement prohibits landlords from evicting tenants without just cause. Valid grounds include non-payment of rent, end of lease, repossession for personal or family use, or destruction of the dwelling. (Source : https://www.educaloi.qc.ca/capsules/la-loi-sur-la-regie-du-logement)

These laws and regulations help protect weaker parties and regulate eviction procedures to prevent abusive evictions in Quebec and across Canada.

What are the rights of tenants and the obligations of landlords in an eviction procedure?

Landlords are subject to certain constraints, while tenants benefit from a number of prerogatives when it comes totenant eviction.

Tenant compensation

The tenant receives compensation equivalent to 3 months’ rent. The sum is transferred on expiry of the lease and on presentation of supporting documents (contract, invoice, etc.). The tenant may also claim an increase in compensation from the TAL (Tribunal Administratif du Logement) for the damage suffered. Compensation varies according to the circumstances of the eviction (repossession, change of plans, etc.).

Accepting or refusing eviction by the tenant

Eviction refers to the landlord’s right to take back the dwelling from the tenant for a change of project.

Upon receipt of the notice, the tenant may accept or refuse the landlord’s decision. In the first case, he must comply with the conditions set out in the eviction notice. If he opposes the decision, he must file an application with the TAL one month after receiving the notice. Silence on the part of the landlord following receipt of the notice constitutes acceptance of thelandlord’s eviction.

The owner’s obligations

During eviction proceedings, the landlord may not radically change the dwelling.

For example, he may not change the door locks, except with the written authorization of a rent mediator.

The landlord must inform the Rentalsman if his tenant has left his personal belongings in the dwelling, knowing that the landlord cannot keep or dispose of them.

What are the steps in a home eviction procedure?

Arental eviction follows a series of regulatory stages.

Giving verbal notice to the tenant

Legal proceedings begin with dialogue. For reasons of ethics and to avoid any prejudice, the landlord verbally notifies his tenant several months in advance. The purpose of this exchange is to convince the tenant and facilitate proceedings.

The 2 parties agree on the end of the lease and put their agreement in writing to avoid unpleasant surprises. The agreement on paper will serve as proof if the tenant changes his mind.

During this stage, a real estate lawyer will draft the agreement and guarantee the document’s authenticity.

Sending an eviction notice to the tenant

Proceedings continue by sending a written notice stating the reasons for the eviction and the date. Article 1959 of the C.C.Q. sets out the deadlines for sending notices, depending on the length of the lease:

• • 6 months before expiry for leases longer than 6 months;

• • 1 month before expiry for leases of 6 months or less;

• • 6 months before the expiry date for an open-ended lease.

If the tenant contests the eviction, he/she initiates refusal procedures one month after receipt of the notice.

Request the TAL’s intervention in the event of difficulty

Legal recourse to the Tribunal Administratif du Logement (TAL) is necessary if the tenant violates the law on rental evictions (acting against the law or stubbornly remaining on the premises when the lease expires).

The TAL then renders its decision. Throughout the proceedings, the tenant pays the costs of his or her accommodation (cable, heating and electricity).

How to avoid eviction?

In the event of eviction for non-payment of rent, the tenant can ask the landlord for an extension of the payment period if he/she is unable to pay his/her debts. They can also ask for a temporary reduction in rent until they stabilize their finances.

Involving a lawyer in a rental eviction procedure

The lawyer will defend the landlord’s rights. If the eviction is contested, he or she will help you defend your rights in court. His expertise in real estate law will be invaluable during the verification of evidence, the drafting of written agreements and the sending of the eviction application.

Conclusion

It is essential to consult a lawyer specialized in real estate law during eviction proceedings. They can act as mediators from the outset. He can also protect the landlord’s interests throughout the proceedings.