How to Evict a Tenant for Non Payment of Rent in Canada

1. Review Local Tenancy Laws and Regulations: Familiarize yourself with the specific Landlord-Tenant laws in your province or territory, as procedures and requirements vary across Canada. For instance, British Columbia’s Residential Tenancy Branch provides detailed guidelines for Landlords.
   
   
2. Provide the Tenant with a Formal Notice of Non-Payment: If rent is overdue, issue a written notice to the Tenant specifying the amount owed and the deadline for payment. The notice must comply with local regulations regarding format and delivery. In Ontario, Landlords use the N4 form for this purpose.
   
   
3. Allow the Tenant a Specified Period to Pay the Overdue Rent or Vacate: After serving the notice, Tenants are typically given a set period to pay the outstanding rent or move out. This timeframe varies by jurisdiction; for example, in British Columbia, Tenants have five days to pay the rent or dispute the notice. In Alberta, under the Residential Tenancies Act, Tenants who receive a 14-Day Notice to Terminate Tenancy for non-payment of rent have until the end of the 14-day period to pay the overdue rent or vacate the property. If they pay in full within this timeframe, the notice becomes void, and the tenancy continues.
   
   
4. File an Application with the Appropriate Rental Tribunal or Board: If a Tenant fails to pay overdue rent or vacate within the specified period, Landlords can apply to their local rental authority for a hearing. Each Canadian province and territory has its own governing body for residential tenancy disputes:
   
   

   British Columbia: Residential Tenancy Branch (RTB) – https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies

   Alberta: Residential Tenancy Dispute Resolution Service (RTDRS) – https://www.alberta.ca/residential-tenancy-dispute-resolution-service.aspx
   
   Saskatchewan: Office of Residential Tenancies (ORT) – https://www.saskatchewan.ca/ort

   Manitoba: Residential Tenancies Branch – https://www.gov.mb.ca/cca/rtb/

   Ontario: Landlord and Tenant Board (LTB) – https://tribunalsontario.ca/ltb/

   Québec: Tribunal administratif du logement – https://www.tal.gouv.qc.ca/en

   New Brunswick: Residential Tenancies Tribunal – https://www2.gnb.ca/content/gnb/en/corporate/promo/renting-in-new-brunswick/evictions.html#:~:text=A%20landlord%20may%20apply%20for%20an%20eviction%20by%20completing%20a,the%20tenant%20with%20the%20application.

   Nova Scotia: Residential Tenancies Program – https://novascotia.ca/sns/access/land/residential-tenancies.asp

   Prince Edward Island: Island Regulatory and Appeals Commission (IRAC) – https://www.irac.pe.ca/rental/

   Newfoundland and Labrador: Residential Tenancies Office – https://www.gov.nl.ca/dgsnl/residential-tenancies/

   Yukon: Residential Tenancies Office – https://yukon.ca/en/resolve-landlord-or-tenant-dispute

   Northwest Territories: Rental Office – https://www.justice.gov.nt.ca/en/rental-office/

   Nunavut: Office of the Rental Officer – https://www.gov.nu.ca/family-services/information/rental-office

5. Attend a Hearing if Required: Participate in the scheduled hearing to present your case for eviction. Ensure you have all necessary documentation, such as the lease agreement, payment records, and copies of notices served.

   
   To ensure the hearing goes smoothly and your case is presented effectively, consider the following tips:

   • Prepare Thoroughly: Bring all necessary documentation, including the lease agreement, payment records, copies of notices, and any communication with the Tenant regarding the issue.
   • Be Professional: Present your case calmly and respectfully, focusing on facts and avoiding emotional arguments.
   • Know the Rules: Familiarize yourself with the hearing process for your local tribunal or board, including how evidence is presented and what to expect during the hearing.
   • Consider Legal Representation: While not always required, having a lawyer or paralegal familiar with tenancy law can help you navigate the process and strengthen your case.
   • Understand Possible Outcomes: Be aware that the board or tribunal may offer alternative resolutions, such as payment plans, instead of eviction.
     
     
6. Obtain an Eviction Order if Approved: If the tribunal or board rules in your favour, you’ll receive an eviction order specifying when the Tenant must vacate the property. It’s crucial to follow the legal process and not attempt to evict the Tenant without this order.

   
   Once the Tenant eviction order is granted, carefully review the terms to understand the timeline and any conditions the Tenant must meet. Make sure to follow the instructions provided by the tribunal or board, as taking any action outside of the order can result in legal consequences. Keep a copy of the eviction order for your records, as it may be required for enforcement or future disputes.

7. Hire a Sheriff or Enforcement Officer to Carry Out the Eviction if Necessary: If the Tenant does not leave by the date specified in the eviction order, you may need to engage a sheriff or authorized enforcement officer to enforce the eviction. Self-help evictions are illegal in Canada; only authorized personnel can remove a Tenant.

   
   To ensure the Tenant eviction is carried out legally and smoothly, keep these key considerations in mind:

   • Follow Proper Procedures: Once the eviction order is issued, contact the sheriff or authorized enforcement officer to schedule the eviction. Only they are legally allowed to enforce the order.
   • Prepare the Property: Be present on the day of the eviction to ensure access to the property is granted and any Tenant belongings left behind are handled according to local laws.
   • Understand Tenant Property Rules: Some provinces require Landlords to store or handle abandoned Tenant belongings for a certain period, while others allow immediate disposal. Check local regulations to avoid liability.
   • Maintain Documentation: Keep a record of the eviction process, including any communication with the enforcement officer and details of the Tenant’s departure, in case issues arise later.

4. Attend the Hearing: The LTB will schedule a hearing where both Landlord and Tenant can present their cases. It’s essential to bring all relevant documentation, including the lease agreement, payment records, the N4 notice, and proof of service. 

5.Obtain the Order: If the LTB rules in favour of the Landlord, it will issue an order specifying when the Tenant must vacate and any amounts owed.

6. Enforce the Eviction: If the Tenant does not vacate by the date specified in the order, the Landlord must obtain a Writ of Possession from the LTB and have it enforced by the Court Enforcement Office (Sheriff). Self-eviction is illegal; only the Sheriff can enforce the eviction order. 

7.Report the Unpaid Rent: Landlords can report the unpaid rent to Credit Bureaus through services like FrontLobby. Reporting the debt ensures the Tenant’s rental history reflects their payment behaviour, promoting accountability and potentially motivating repayment. This step supports a more transparent rental market while helping Housing Providers address financial losses.

Housing Providers dealing with non-payment of rent or frequent late payments are often at risk of initiating evictions, a process that is both time-consuming and costly. Implementing Rent Reporting can help foster accountability by encouraging Tenants to make timely payments. This proactive approach has been shown to significantly reduce delinquencies, offering Housing Providers a practical solution to minimize the need for evictions while maintaining financial stability. 

Research indicates that Rent Reporting can reduce delinquencies by 92% and improve Tenant credit scores by 33 to 84 points. This not only helps Landlords maintain steady rental income but also supports Tenants in building their financial future.