Residential Tenancies Act: Briefing Book - Michael Walker

EVICTIONS
Residential Tenancies Act, 2007
B R I E F I N G B O O K
Overview of the Residential Tenancies Act
Background
Tenants have security of tenure. This means that they can continue to rent their homes for
as long as they choose, except for very specific reasons. A tenant with a one year lease
who pays the rent each month, for example, can remain in their unit after the lease has
ended on a month to month basis, even if they do not sign another lease. Tenants must
give proper advance notice to move out, generally 60 days from the end of the term or the
last day of the lease.
Most disputes between landlords and tenants concern termination of tenancies before the
end of the lease or term, also known as evictions. A landlord may evict a tenant only for
reasons permitted by the RTA. Sometimes the eviction may result from the conduct or
actions of a tenant or their guests. This is called termination for cause. In other cases,
tenants may be evicted because of other circumstances relating to ownership or
disposition of the property. This is called a no fault termination.
Causes of Eviction
There are different causes that may lead a tenant to being evicted, including:
� failure to pay rent;
� consistent late payment of rent;
� the tenant or another occupant has caused or permitted illegal activities in the
rental unit or property;
� the tenant, another occupant, or their guest has caused damage to the rental unit or
property;
� the tenant, another occupant or their guest has done something that impaired the
safety of others;
� the tenant, another occupant or their guest has disturbed the reasonable enjoyment
of other tenants or the landlord;
� allowing too many people to live in the rental unit that is inconsistent with health,
safety or housing standards; and
� misrepresentation of income when living in subsidized housing.
No fault reasons include:
� The landlord wants the unit for their own residence or for their spouse or
� partner, or a child or parent of one of them, or a caregiver for the landlord or a
family member;
� The landlord of a property with no more than three units has agreed to sell the
property to someone who wants all or part of the property for their own residence,
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