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These steps are as follows:
2) Application and Hearing
In the following example, I am going to use the most common process to explain the steps of the proceeding which is arrears of rent. The following example is only for analytical purposes and is not to be considered a complete guide or legal instruction on how to proceed or undertake the eviction process. It is to assist you in understanding what steps will take place when it is necessary for you to proceed through the process.
Step #1 –Notice
The first step in a proceeding for arrears of rent is the notice period. When a Tenant is in arrears, a Notice may be delivered to the Tenant advising them that they are in arrears of rent. The notice must be completed on the prescribed forms set out by the Landlord and Tenant Board. This notice will advise the Tenant that you are seeking that they pay the rent owing or they terminate the tenancy and move out of the rental you by a prescribed date. The notice provides the Tenant with an opportunity to resolve the issue by simply paying the rent owing. If the Tenant does not pay the rent, they may choose to vacate the unit by the date set out in the notice. If the Tenant does not pay the rent or vacate the unit, then the Landlord has the right to move onto the next step in the process, Application and Hearing.
Step#2 – Application/Hearing
The second step in a proceeding for arrears of rent, if the Tenant fails to resolve the arrears in the Notice provided is to file an Application with the Landlord and Tenant Board. An application fee of $170.00 is payable to the Landlord and Tenant Board (Ontario Government) when an application is filed by a Landlord.
Once an Application is completed and properly filed with the Landlord and Tenant Board, a hearing will be scheduled based on your documents and then the Application and a Notice of Hearing will be mailed out by the Board to all the parties involved; Landlord and Tenant. On the date of the Hearing the Landlord will be required to prove their application to the Board and the Tenant will have the opportunity to voice any of their concerns and objection to the Landlord’s application. If the Landlord is successful, the Board will typically issue a standard order for collection of rent and eviction of the Tenant. This typical order provides the Tenant with an opportunity, usually about 12 days after the Order is issued, to either pay the amount of the rent owing plus any costs or filing fee ordered by the Board, if the Tenant does not pay the amount order or any rent that becomes due after the Order, then the Landlord may proceed to Step #3 and enforce the Order with the Court Enforcement Office in the appropriate jurisdiction.
Step #3 – Enforcement/Eviction
If the Tenant does not resolve the Order as issued by the Board, then the Landlord, after the date specified, can file the Order and all appropriate documentation with the Court Enforcement Office. The Court Enforcement Office (Ontario Government) will charge a fee of $315.00 plus mileage to enforce the Order and evict the Tenant. Once the documents and properly filed, the Court Enforcement Office will issue and post a Notice to Vacate to the Tenant. The Notice to Vacate will advise the Tenant of the date the enforcement (eviction) will take place. This period is usually between 10 and 14 days after the notice is posted by the Court Enforcement Officer. If the Tenant does not pay all the arrears and costs as of the date identified in the Order by the date set out in the Notice of Vacate, then the eviction will proceed, the Tenant evicted and the Landlord provided with vacant possession.
This is a typical process for evicting a Tenant for arrears. There a few things that you also need to be aware of.
1) A Landlord can NEVER enforce an order terminating a Tenant or Tenancy period. A Landlord has no authority at anytime during the process to take the law into their own hands and enforce an Order. The process is set up so that the Board and the Court Enforcement Office is given the authority though proper and due process.
2) If ever a Landlord locks a Tenant out of their rental unit without proper and due process, the Landlord may be faced with substantial fines, penalties and abatement (payment of money) to a Tenant that is unlawfully evicted.
3) A Tenant at anytime during the Notice, Application and Enforcement process may void the eviction by complying with an Order that has been issued.
4) A Tenant at anytime during the process may file a Request for Review (Appeal), Request a Stay of Proceedings (Stopping the Proceeding, or file an Application of their own against a Landlord for a whole range of reasons to try and void the application or stop the eviction from proceeding.
5) A proceeding to evict a tenant for a reason other than arrears of rent may require more than one notice to the Tenant and again, should the Tenant comply, the tenancy will be maintained.
As I stated at the beginning, the focus of the process of terminating a Tenancy is designed for the Tenancy to be resolved through remediation and secure a Tenancy whenever possible. Should a Tenant comply at anytime during a proceeding, the Tenancy will be maintained and the Tenant allowed to remain in the rental unit.
I trust that this answer provides you with a basic overview of how the process of terminating a tenancy proceeds. It by no means is designed to provide you with the knowledge of how to undertake a proceeding, but rather what to expect during the process and its possible outcomes and costs involved. Any of the fees indicated are the fees (costs) that will be required to be paid during the process and do not reflect the fees we may charge for our services.