Tenants can only be evicted for valid reasons, known as cause, and they include the following three reasons:
1. Non-payment of rent
If you do not pay your rent in full and on time, you may receive an eviction notice, Form 4, for non-payment of rent. You will then have 20 days to vacate the premises unless:
- You pay the full amount of rent outstanding within 10 days of receiving the eviction notice;
- If you attempt to pay the rent within the 10 days your landlord must accept the payment of rent and the eviction notice is automatically invalidated; or
- If you attempt to pay the rent after the 10 days, your landlord may accept the payment of rent and continue with the eviction process.
2. Behaviour or damage to the property
If you or a guest cause damage to the property, disturb other tenants, or seriously impair the safety or lawful right of the landlord or other tenants, you may be evicted. If you received an eviction notice for any of these reasons, you will have 30 days to vacate the premises unless you:
- Submit an Application by Tenant to Dispute Eviction, Form 6, to the Rental Office to dispute the eviction notice within 10 days of receiving the eviction notice; or
- If you submit an application to dispute the eviction notice, a hearing will be scheduled where the tenant and landlord will each have an opportunity to submit evidence and give testimony to support their side of the issue.
3. Sale of the property, renovations or landlord’s own use
You may be evicted if:
- the landlord or one of their family members – a spouse, child, parents, or in-laws – wishes to move into the premises;
- the landlord is selling the premises and the purchaser wishes to live in the premises;
- the landlord wishes to convert the premises into something other than a rental unit; or
- the landlord wishes to renovate or demolish the premises.
Note: if you are being evicted because a purchaser wishes to take possession of the premises, then there must be a signed affidavit from the purchaser attached to the eviction notice.
Note: if you are being evicted because of renovations, there must be an Appendix “A” attached to the eviction notice, outlining the details of the renovation the landlord wishes to complete.
How to dispute an eviction notice
You will have 30 days to vacate the premises unless:
- You file an application with the Rental Office to dispute the eviction notice within 10 or 20 days of receiving the notice, depending on the reason for the eviction; or
- If you submit an application to dispute the eviction notice within 20 days, a hearing will be scheduled and both the tenant and landlord will have an opportunity to submit evidence and give testimony to support their side of the issue.
What happens if I miss the 10 or 20-day time limit to submit a dispute?
If you miss the 10 or 20 day time limit to dispute an eviction notice, you are deemed by law to accept the eviction notice. The Rental Office cannot extend these deadlines so you must submit an application on time if you wish to dispute an eviction notice.
What happens if I do not move out on the date stated in the eviction notice?
If you do not vacate the premises on the date the eviction notice states, the landlord has the right to submit an application to the Rental Office requesting that the Sheriff put the landlord in possession of the unit. A Notice of Hearing will be mailed to you and you will have the right to participate in the hearing.