Residential Tenancies Act: Briefing Book - Michael Walker

Residential Tenancies Act, 2007
B R I E F I N G B O O K
Overview of the Residential Tenancies Act
The eviction process
The eviction process involves different steps, forms and deadlines depending on the
reason for the eviction. Tenants may move out or make remedy to avert eviction (except
in situations such as illegal acts and impaired safety) at any stage. For those reasons for
termination that do not have a remedy – most are the "no fault" reasons – the application
will go to a hearing where the tenant can dispute the reasons for eviction.
Generally the process involves a number of steps in the following sequence:
� Notice of Termination – The landlord must give the tenant a notice in writing
when they want a tenant to move out, regardless of the reason. This is called
notice of termination. The notice must specify the termination date.
� Application to the Landlord and Tenant Board (the Board) – If the tenant does not
remedy the situation (e.g. pay rent before the termination date), the landlord may
apply to the Landlord and Tenant Board to evict the tenant and/or collect the rent
owed. Once the application is received, the Board schedules a hearing and gives
the landlord a Notice of Hearing. The landlord is required to give the tenant a
copy of the application and the Notice of Hearing.
o Every tenant who faces an eviction application will automatically have
access to a hearing or mediation. This is a change from the TPA which
required the tenant to file a written dispute in order to have a hearing.
� Hearing before the Board – At the hearing, the adjudicator hears evidence and
arguments on both sides and decides whether or not to make an order on the
application. For example, if the application is about eviction due to non-payment
of rent, the adjudicator may decide whether to order the tenant to pay the rents
owed or to evict the tenant.
o Sometimes, the tenant and the landlord can reach an agreement on a
payment plan and file a copy of the written agreement with the Board. In
this case, the Board will issue a consent order based on the agreed
payment plan and a hearing will not be required.
o In a hearing about arrears or eviction due to non-payment of rent, the
tenant can raise other issues such as maintenance or harassment as long as
they can provide supporting evidence, and the adjudicator may order
remedies on the tenant’s claim.
� Order to terminate tenancy – After the hearing, the adjudicator makes a decision
and issues an order that will be sent to both parties by mail. The order indicates
the reason for the order and the effective date after which the landlord can enforce
the order.
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