When & Why Can A Tenant Be Evicted

Posted by heritagelawoffices on Jun 1, 2017 in Blog, Real Estate Law

tenant-being-evictedWhen it comes to settling residential matters, it can become very personal in short order. It is best for both tenants and landlords to be familiar with their rights in order to avoid sensitive situations. If you fall into either category, consult Heritage Law’s guide below for a quick introduction to tenant and landlord rights.

“What are the responsibilities of a tenant/landlord?”

Tenants are required* to pay rent as agreed, maintain and clean the property, obey civil and criminal law on the property, move out at the end of the agreement and do not change the locks without permission. Landlords are required* to stay out of the property without consent or giving notice, meet the property’s housing and health standards, provide all necessary paperwork or contact info and give notice according to the law.

*Under the “Residential Tenancies Act”

“Why can a tenant be evicted?”

There are many reasons why a tenant can be served notice of eviction, including but not limited to:

  • Refusing to move out past the legal date of occupation;
  • Damage caused by lack of maintenance/upkeep, neglect or tenant action;
  • Criminal activity undertaken on the property;
  • Hindering the landlord’s or other residents’ rights;
  • Acts or threats of physical assault;
  • Failing to pay rent on time.

“What is an eviction notice?”

The “Notice of Termination of Tenancy for Substantial Breach,” known commonly as an eviction notice, is a prompt for the tenant to either move out by the given date, serve the landlord with a notice of objection or do nothing. If the eviction notice is ignored, the landlord can apply to the Residential Tenancy Dispute Resolution Service or the Provincial Court– then, an eviction hearing will take place.

“How many days notice is required before the tenant has to leave?”

When it comes to residential matters, days of notice differ depending on the seriousness of the “substantial breach” of the agreement. Generally, these break down into either a 14-day window or a 24-hour window– both of which can be expedited by gaining a court order against the tenant.

You can see by now that residential matters are a delicate balance of both landlord and tenant rights. Standards must be followed in order to ensure all parties involved receive fair treatment. Unfortunately, the system doesn’t always work in your favour and you may require legal advice or representation– if so, contact or visit Heritage Law today!