How Do I Evict My Tenant in Canada?

Many landlords are not sure of their legal rights and responsibilities when it comes to eviction, and when they are sure of their rights and responsibilities, they aren’t sure of the actual logistics of evicting a tenant so that’s it’s 100 percent legal.

Laws vary province by province , but the first rule of landlording is to always use the proper documentation. With that in mind, how do you know whether or not the documents you are using are the proper, legal documents for your area?

The agreement (lease or rental) terms you have with your tenant, the province in which the rental property is located, and the reason for eviction in the individual circumstances might mean you need to handle things differently.

For example, in Ontario, Canada, the provincial government provides different forms for use in different eviction circumstances: if the tenant has done something illegal, if you want to convert the rental unit for non-residential use, or if the tenant has persistently paid the rent late, are but three different reasons.

Most provinces don’t only expect you to use the correct documentation; they expect you to use documentation they provide for the purpose of evicting tenants.

Where Do I Get More Information?

For more information on eviction laws in your area, contact your local, provincial landlord-tenant association or regulatory board.

AB: Service Alberta

BC: Residential Tenancy Branch

MB: Residential Tenancies Branch

ON: Landlord and Tenant Board

PEI: Office of the Director of Residential Rental Property

QC: Régie du logement

SK: Office of Residential Tenancies

NB: The Office of the Rentalsman/Service New Brunswick

NFLD & LB: Department of Government Services

NS: Residential Tenancies

NU: Nunavut Housing Corporation

NWT: Rental Office

YK: Government of Yukon

More Forms and Information landlording-in-canada-cover-largeIn his book Landlording in Canada, author Michael Drouillard outlines exactly how many agreements and forms you may need during the course of any tenancy. For more information, see Landlording in Canada in our Web store. Self-Counsel Press also supplies a variety of forms kits for rental agreements and for commercial lease agreements. These forms are available in our Canadian store as CD kits, paper kits, and as downloadable kits.

5 thoughts on “How Do I Evict My Tenant in Canada?

  1. I have filed for eviction of my tenants and paid $350,my question is if the tenants leave before the sheriff gets there and I cancel the eviction request will ai get a refund of the fee

  2. We don't know the answer to that, but suggest you ask the sheriff or wherever you paid the fee. It may be a discretionary choice on their part, whether or not to retain the fee if they don't actually have to go to the residence. Richard Day

  3. I moved in a place with a friend he put the rent in my name so his rent would get paid threw welfare but this guy want to charge me rent by the week now after I have gotten his rent paid if I leave he cant pay his rent so is he allowed to charge me rent after me getting rent paid

  4. If the rental agreement is in your name, unfortunately you are responsible for paying it. The only way to end that is to give notice and end the rental agreement. Be aware that you as the legal renter will also be held responsible for any damage and/or unusual clean-up that might be required at the end of the rental. Richard Day

Leave a Reply

Your email address will not be published. Required fields are marked *