When operating or living in a rental unit, it may be possible that you run into a situation where you are either receiving or giving an eviction notice. Before proceeding with this form of action, it is best to know about all the legal requirements surrounding eviction. In each state and province the rules and regulations are most likely different, so it is best to contact a legal representative to help to find out your rights. Also, a lot of myths surround eviction. For example, in most cases, you can be evicted in the middle of winter.
Grounds that a Landlord can Evict a Tenant
The following examples are occasions when a landlord can evict the tenants of a property:
- If the payment of rent is not received on the day that it is due, then the landlord can give a Notice of Termination; however it does not take effect until the 14th day after the notice is given, this is only 7 days if the rent is paid daily or weekly. The termination notice must provide the details that eviction can be avoided if rent is paid before the date the notice takes effect.
- If the tenant or if the tenant allows someone to do illegal acts on the grounds or anywhere on the property. The person must be found guilty in a criminal court and must be to the satisfaction of an adjudicator of the Landlord and Tenant Board.
- If the tenant of if the tenant allows someone to cause willful or negligent damage to the rental unit, property, or building, then the tenant can be evicted. The tenant must be provided with a way to remedy the situation before being evicted.
- If the tenant, guests of the tenant, or other users of the rental unit substantially interfere with the reasonable enjoyment of the building for other tenants within the building, or if the building has 3 units or less and the landlord resides there.
- If the tenant, other residents of the unit, or a guest of the tenant impairs the safety of anyone in the residential complex.
- If the am0unt of people occupying the rental unit on a consistent basis has an effect on the health, safety, or housing standards as required by law.
- If the tenant lives in subsidized or public housing and provides false information about there income or the income of those living in the household.
- Animals can cause a tenant to be evicted if the Landlord and Tenant Board is convinced that the tenant is keeping the animal and the animal is interfering with the reasonable enjoyment of the premise for other tenants in the building.
There are, also, other reasons why a tenant could be evicted. For example, if the landlord needs the apartment to live in, if the building is being destroyed, if the building is being converted, if the building is having major renovations completed that they need the unit vacated.
A landlord may use one of these reasons to evict a tenant for unjust reasons. If you feel you are becoming the victim of an unfair eviction, then it is best to study your local laws, contact a real estate lawyer, or speak with your local tenancy board and explain the situation to see if you have a case.
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#1 by vickiespencer at September 11th, 2009
a friend is renting a home has not recieved rent for this month has an eviction notice drawn up, mean while finds damage to her home and property does she still have to give a 30 day notice or can she evict sooner to get them out of the home
#2 by Top Home Loans at September 14th, 2009
The landlord should create a formal eviction notice. The eviction notice is more of a scare tactic than anything. The eviction notice can include terms of whatever is suitable to the original rental agreement, so if the rental agreement said 15 days, 30 days, etc. then it should be included on the notice. On the eviction notice, the landlord must describe the problems and how they can be resolved.
If no action has been taken, then, in the worse case scenario, the actual eviction process should be started. It usually costs a lot of money, so this should be the last resort.