Fight Against Tenant Bad Behaviour & Damages

  A landlord has the right, as well as the responsibility, to control the behaviour of tenants who are seemingly trying out for a Jerry Springer episode. This is a complex area of law and requires very specific details and notices given to the tenant. The notices and evidence at the hearing must meet strict criteria in order to succeed.

  • Do you have a tenant whose behaviour is making life miserable for you and your other tenants?
  • Does the partying, drug use, fighting and disturbances mean your good tenants are leaving? Has your tenant damaged the rental unit?
  • Are you seeing signs of out of control behaviour, including holes in the walls, broken windows and total disregard for your property?
  • Is the damage willful or negligent?
  • Are your tenant’s pets annoying the other tenants with their barking and aggressive behaviour?
  • Is the tenant failing to pick up after their dogs?

The law changes if you live in the same complex and there are less than a certain number of rental units. In most cases when the landlord does not live on site, a first N5 Notice of Termination must be prepared and served on the offending tenants. The tenant then has seven days within which to correct the behaviour. If the tenant has caused damage, then he has seven days to either pay you the cost of repairs, or make arrangements with you to do the repairs.

Come to see us and get this right the first time!

Impaired Safety and Illegal Acts Whether you live in the rental property with tenants who are creating an unsafe environment or committing illegal acts, you cannot overlook taking immediate action in these situations. These notices and applications for termination of tenancy are the most complex and require an even higher level of proof to succeed. Many times police officers, by-law officers, firemen and others must be summonsed to testify on your behalf.

The precedent case law (recent decisions both by the Landlord and Tenant Board and by the Divisional Court on appeal) must be considered. Many times the Human Rights Code comes into play for tenants who have, or claim to have, disabilities that must be accommodated. A very intricate area of law, and one in which we specialize. Call us for a consultation to discuss the details of your case and we will give you the benefit of our experience to resolve these tenancies for the safety of you, your family and your other tenants.

Other types of eviction notices Personal Use – when an owner, his/her parent or child wishes to move into the rental unit, requires 60 days when not during a lease period. Demolition, renovations, conversion – usually a 120 day notice, but may require you to provide three months rent to be paid to the tenant. Let us explain this to you in more detail for your individual property. Damages by tenant or guests – can you evict for damages caused by the tenant, their guest or pets? Yes, if the notices are prepared properly and the time lines set by the Residential Tenancies Act followed closely.