Question: Can You Evict a Tenant in the Winter in Ontario?
Answer: Yes, you can evict a tenant in the winter in Ontario. Contrary to popular belief, there is no law in Ontario preventing evictions during winter months. A landlord must follow the legal process through the Landlord and Tenant Board, and if an order is issued, it can be enforced year-round.
Evicting a Tenant During Winter Months
A common question for property owners is can you evict a tenant in the winter in Ontario? Many people believe a myth that all evictions are illegal during the cold season. This is incorrect. A landlord can legally evict a tenant at any time of year, including winter. The process for eviction does not change based on the season. The same rules and procedures under the Residential Tenancies Act apply in December just as they do in July. Landlords must follow the legal process, which involves providing proper notice and obtaining an order from the Landlord and Tenant Board.
However, the season can influence the outcome of an eviction hearing. The Landlord and Tenant Board has the authority to consider the circumstances of a case. An adjudicator may delay an eviction if removing the tenant into the cold would cause undue hardship. This power introduces a variable that every landlord must consider. Understanding the full legal landscape helps you make informed decisions about your rental property. The process requires careful attention to detail to ensure it is fair and lawful for everyone involved.
The Eviction Process
The Residential Tenancies Act governs every eviction. This law sets out a clear, multi-step process that a landlord must follow. A landlord cannot simply change the locks or physically remove a tenant from the property. Doing so is illegal and carries severe penalties. The correct procedure protects both the landlord’s property rights and the tenant’s housing rights. This process remains the same regardless of the temperature outside. It begins with serving the tenant a formal notice of termination, using the correct form from the Landlord and Tenant Board.
If the tenant does not fix the problem or move out by the date on the notice, the landlord’s next step is to file an application with the Board. This application, such as an L1 for non-payment of rent, formally requests a hearing. At the hearing, both the landlord and the tenant present their evidence to an adjudicator. Only after this hearing can the Board issue an official eviction order. The final step involves the Court Enforcement Office, often called the Sheriff, enforcing this order to remove the tenant from the unit.
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Related Article: How Long Does it Take for a Sheriff to Evict You in Ontario?
Related Article: How Do I Fight An Eviction in Ontario?
How the LTB Considers the Season
While the law permits winter evictions, the Landlord and Tenant Board holds special power that can affect the timing. Section 83 of the Residential Tenancies Act gives an adjudicator discretion. They can refuse to grant an eviction or postpone its enforcement. This decision happens even if the landlord has a perfectly valid reason and has followed all the proper procedures. The adjudicator must consider if it is fair to grant the eviction in light of all the circumstances. The potential hardship of a tenant being displaced during harsh winter weather is a very important circumstance.
An adjudicator might ask questions about the tenant’s situation. Do they have children? Does anyone in the household have a disability or serious illness? Are there other affordable housing options available in the community? Based on the answers, the Board may decide to delay the eviction date. For example, they could push the move-out date to the spring to give the tenant a better opportunity to find new housing without facing extreme cold. This does not cancel the eviction; it simply delays it. Landlords should prepare for this possibility when heading to a hearing during colder months.
Following the Correct Eviction Procedure
To successfully obtain an eviction order, a landlord must follow every step of the legal process perfectly. Any mistake can cause delays or lead to the Board dismissing the application. This precision is especially important in the winter when an adjudicator might be looking more closely at the case. The first step is to select and complete the correct Notice to End Your Tenancy form. Each reason for eviction has a specific form, such as the N4 for unpaid rent or the N12 for personal use. The form must be filled out completely and accurately, with no errors in names, dates, or amounts.
After serving the notice, the landlord must wait for the termination period to expire. If the tenant has not moved out, the landlord can then file an application with the Board. This requires submitting the right application form and paying the filing fee. The landlord must then gather all evidence to support their case for the hearing. This can include the tenancy agreement, rent ledgers, photographs, emails, and witness testimony. Presenting a clear, organized, and well-supported case is the best way to demonstrate to the Board that the eviction is necessary and justified, regardless of the season.
No-Fault Evictions in Colder Months
No-fault evictions, such as those for a landlord’s own use or for major renovations, receive extra scrutiny from the Landlord and Tenant Board. This is because the tenant has not broken any rules. For these evictions, the landlord must compensate the tenant. For an N12 notice, the landlord must pay the tenant one month’s rent or offer them another acceptable rental unit. For an N13 notice for renovations, the compensation can vary based on the size of the building. The landlord must make this payment before the termination date on the notice.
An important element of a no-fault eviction is the requirement of good faith. The landlord must have an honest intention to follow through with their stated plan. For example, if a landlord serves an N12, they or their immediate family member must actually intend to live in the unit for at least one year. During a winter hearing, an adjudicator may question the timing and sincerity of the landlord’s plans. A landlord must provide strong evidence, like signed affidavits or renovation permits, to prove their good faith intention and convince the Board that the eviction is not a tactic to remove a tenant for other reasons.
Exploring Other Solutions
Eviction is a formal legal process that can be time-consuming and costly. It should always be the last resort. Before starting the eviction process, especially in winter, landlords should consider alternative solutions. Open communication with the tenant can often resolve issues without involving the Board. If the problem is unpaid rent, a landlord could propose a payment plan that allows the tenant to catch up over a few months. Putting this agreement in writing provides security for both parties. This approach can preserve the tenancy and ensure the landlord receives the rent they are owed.
Another effective alternative is a mutual agreement to end the tenancy. A landlord can offer a “cash for keys” deal. In this scenario, the landlord pays the tenant a sum of money in exchange for them moving out by an agreed-upon date and leaving the unit in good condition. This can be much faster and less stressful than a formal eviction hearing. The parties sign an N11: Agreement to End the Tenancy form to make it legally binding. These cooperative solutions can save money, avoid potential Board delays, and result in a more positive outcome for everyone involved.
Conclusion
It is entirely legal to evict a tenant during the winter. The idea of a seasonal ban on evictions is a persistent myth. The rules and reasons for ending a tenancy, as defined by the Residential Tenancies Act, are consistent throughout the year. A landlord must always have a lawful reason, serve the correct legal notices, and obtain an eviction order from the Landlord and Tenant Board. Self-help evictions like changing the locks are illegal and will result in significant legal trouble for a property owner. Following the procedure is not optional; it is a strict requirement.
The key difference in winter is the discretionary power of the Board. An adjudicator can delay an eviction if they believe it would be unfair to enforce it during a period of harsh weather. This makes it even more important for landlords to present a strong, well-documented case. It also encourages property owners to explore alternatives like payment plans or mutual agreements to end tenancy before resorting to a formal application. Careful management and clear communication can often prevent the need for eviction altogether.
