How To Effectively Evict An Unruly Tenant.

Many homeowners rent out their basement suite as a mortgage helper, or own homes to earn rental income. In both cases, the owner in effect becomes a landlord. Being a landlord can be a good way to earn a regular income as well as the potential for capital growth.

For a landlord, the ideal tenant would be one that pays the rent on time, keeps the property in good order and does not cause any unnecessary problems. Most tenants fall into these broad categories, but there are those who can make a landlord’s life miserable.

When tenants sign a lease, they are signing a legal document that clearly defines their responsibilities (as well as the landlord’s). If they can’t step up to their obligations, they’re breaking the terms of that contract. Once the landlord has tried to “reason” with the tenant for a breach of lease and if this has not worked, then the only alternative is to evict the tenant.

Before the process is started, it is important to document all communications with the tenant. Documenting creates a clear record that attempts were made to resolve the situation but that the tenant kept failing on his or her end. If the behavior is persistent over time, it shows that there is a pattern involved and that the landlord is being negatively affected by it.

In the case of eviction due to property damage, pictures taken before and after the repairs are useful. It is also important to keep a record of any expenses incurred fixing those damages.

With an impending eviction, emotions run high for both the tenant and the landlord. A landlord should keep in mind that the rental lease is still in effect so he or she should not:

• Cut off the heat or power to the unit • Remove the tenant’s property • Change the locks of the unit • Threaten the tenant in any way • Enter the unit illegally

To get a favorable eviction hearing, a landlord must do the following:

1. Clearly understand the provincial landlord-tenant laws
2. Accurately document and explain the reason for the eviction
3. Present the tenant beforehand with a Written Notice of Eviction
4. File an Application for Eviction with the Provincial Landlord Agency
5. Make the tenant aware that the application for eviction has been done and a hearing will ensue
6. Attend the hearing and present a well-documented case

Whether you are looking to buy or sell a condo or a luxury home, it does not make a difference to us. Our experienced real estate professionals are available to assist you in making the transaction as stress free as possible. Contact us by email or call us on 604 913 1000.