Evicting a Tenant

So you did all your tenant due diligence, everything checked out, but now your tenant is 2 months behind in paying the rent. You've tried contacting them to work something out, but promised payments are not paying the mortgage. What now? It's time to get serious and start the eviction process.

Let me tell you, it's really no fun evicting someone. It takes time, patience, and to make matters worse, the whole rental legal system leans on the side of the tenant. You'll have to check the "landlord tenancies act" in your province/state, but around here, you have to give them several notices after which point you register your eviction with the government landlord tenancies division.

Within the tenant notice of eviction, I usually provide an extra letter stating an alternate solution that would work for both the landlord and tenant. Basically, I give the tenant the option of moving out within the next week with the apartment in move in condition. If they do this, as a reward I'll forget about the money owing. Most of the time, the threat of eviction is enough to get a non-paying tenant to move on.

Some of you are probably thinking that I'm crazy for letting the tenant get away with not paying the rent. However, the way I see it is that it's a quick way to get a non-paying tenant out of the property quickly instead of dragging out the eviction process which can take months. Even after going through the eviction process to get the rent owing, there is still no guarantee that it will be paid back.

Not only are you missing rent payments DURING the eviction process, the actual proceedings cost a fair bit of money also. Below is a list of some of the costs involved, note that I didn't include the actual price as it will vary from province to province.

  • Cost to register the eviction.
  • Cost of getting sheriffs dept involved.
  • Cost to change the locks.
  • Collections agency cut if you decide to go this route.
  • Cost of cleaning up the place in case the tenant decides to trash the place on their way out.
  • Cost of lost rent during the eviction process.

In conclusion, evicting a tenant is definitely in the bottom of my fun list however a necessary procedure to get a non-paying tenant out. This is why I'm a stickler when it comes to tenant screening which helps in weeding out the bad ones. Also, as a landlord, it is your duty to know all the landlord/tenant rules in your region. I suggest that you read over and learn the rules/regulations as it will help you tremendously in case you run into trouble.

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FT

FT is the founder and editor of Million Dollar Journey (est. 2006). Through various financial strategies outlined on this site, he grew his net worth from $200,000 in 2006 to $1,000,000 by 2014. You can read more about him here.
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Joan
8 years ago

question: when a tennant has been evicted by landlord – the reason being he (owner) and family will move into unit – how long must the owner reside in said unit to make eviction legal? For example, can he evict, move family in for two weeks, then move out and re-rent apt.? Or does the owner have to live in said unit for 6 months or a year or ?

Brud
10 years ago

“Hollie, here in NL, tenants can withhold rent if necessary repairs aren’t made. You should call your local residential tenancies division for more info.”

FT
Just reading this article as I am in the process of evicting a tenant. I am in NL and from all I have been reading I can’t seem to find anywhere where it says that a tenant can withhold rent. Could you confirm this, do you know anyone who has experienced it?

thanks
Brud

Mystique
11 years ago

Please help, if you know the Ontario laws… I have a shared condo curently leased out. One tenant is great pays on time no problems, the other is a drunk and never pays, needless to say, the 2 girls are not close friends anymore, yet still living together as both of their names are on the lease. Is it possible just to evict the 1 tenant? the good one, even wants the bad one evicted, but I dont know if the landlord can evict 1 person only based on that, or if the good tenant has to evict the bad tenant…. please advise

viennatech
11 years ago

@Lisa: As the former owner of a property is not your tenant by that very definition I do not believe this act applies. You simply have him removed by whatever means you have available without having to jump thru the hoops of the tribunal. I’d suggest a large man that answers to Vinny give him a talking to?
A large dog that isn’t on the prohibited list? Lots of simple ways to get them to leave without involving the whole court process.

Lisa
11 years ago

Would it be the same process to evict an occupied previous owner of a tax sale property in Ontario as it is to evict a tenant?

John
12 years ago

Hi, can anyone give me information about the eviction process in Ontario. I would specifically like to know how long this process takes? After the initial form is given to end tanancy, and the tenant does not move out. Now the eviction notice is filed, with a hearing date given. Does anybody have any experience in knowing how long the process takes after we get a hearing date?

Thanks, George

Bill
12 years ago

I also just evicted a tenant from a shared accommodation property and in Alberta at least we now have the Residential Tenancy Dispute Resolution Service which helps accelerate the process.
I just finished blogging the whole process which took just over a month from start to finish. You can read the “ordeal” here, http://www.investors.housez.ca/?p=83
Regards,

Bill

Mun-Economics
13 years ago

Yeah its makes a lot of since for sure.

I will stop eating up this discussion with my topic.

Keep up the blog posts. The quality and quantity is excellent.