Among the steps to vacating a tenant from a unit, getting an eviction notice for the tenant is the first major step. An eviction notice is the official written communication that is needed to get rid of a tenant occupying a property. This notice will vary by province and will be to terminate or end a tenancy, and will tell you why and when you are asked to vacate by. This will officially start the eviction process. Once this is provided to the tenant, the next step will be filing an application with the Landlord and Tenant Board.
After this, there will be an application and a notice of hearing date set, which will also be provided to the tenant. Next, the landlord will be required to fill out a form called a Certificate of Service Form, which verifies that the documents were delivered. The final step afterwards is a hearing, where both the landlord and tenant should attend, but are not required to. Based on the results of the hearing, the eviction may go through and the eviction order may be issued.
Each province in Canada will have their own process and notice of eviction form that will be used when evicting a tenant. With COVID-19 making in-person hearings harder to do, hearings have continued in provinces, with the help of online video conferencing. The initial ban in March 2020 that provinces across Canada had put into place banning evictions have been lifted in many provinces, including in Ontario.
Each province in Canada will have their own process and notice of eviction form that you will use when evicting a tenant.
Tribunals Ontario will have all the different forms that are offered for landlords evicting tenants, as well as instructions accompanying it. This includes when to use the notice, how to complete the notice, how to give it to tenants, what happens afterwards, and where to get assistance if you have questions. Tribunals Ontario has eviction forms for many instances, including:
There are multiple British Columbia tenancy forms that landlords are able to fill out for different circumstances, as part of the eviction process. Each form will have a description of what it's for, and when it is to be used. These forms include:
The province of Alberta offers its forms online through the Alberta Residential Tenancy Dispute Resolution Service (RTDRS). The primary form that is available to file to start the eviction process is a Landlord Application For Termination of Tenancy and Unpaid Rent. This is used when the tenant is still remaining in the property. There are also other forms available, such as a landlord application for damages, which is when the tenant no longer occupies the unit. The RTDRS also offers the ability to mediate and help resolve issues between a landlord and a tenant, in order to avoid going to court for a hearing.
You are able to file an application to the tribunal in Quebec to have the lease terminated and to evict the tenant if rent is over 3 weeks due. Quebec differs from other provinces considering that tenants cannot be evicted for personal use reasons. However, if the landlord is planning on doing substantial renovations, including sub-dividing the property, enlarging the property substantially, or changing the property use, they are able to evict the tenant.
You are able to access the forms that you need to file through the Manitoba Residential Tenancies Branch, which is also the place to get forms regarding the start of a tenancy, rent increases, claims for money, and other forms. Depending on the reason why you are going forward and evicting a tenant, there will be a different form to file. Some forms include:
Through the Saskatchewan Office of Residential Tendencies, forms for landlords and tenants in the province of Saskatchewan are available. Some of these forms include rental increase forms, notice to vacate forms, and claim forms. Notice to vacate forms include:
Nova Scotia notice to quit forms are what landlords will need to file in order to get the process of eviction started. There are multiple different notice to quit forms:
Form D: This can be given to a tenant when they haven't paid their rent and the landlord wants to end the tenancy. Landlords are allowed to give this form by law if rent is at least 15 days late.
Form E: This form is for a breach in conditions, and be filed for:
Form F: This form is related to ending a tenancy for reasons other than failure to pay rent and not complying with conditions. This includes the following circumstances:
A New Brunswick notice to vacate form can be given if a tenant has not paid their rent, while other reasons to terminate a lease include:
Depending on the rental contract in place, and if the tenant is on month-to-month rent or on a fixed contract, you may require a notice period of between 4 weeks and 3 months to terminate a contract. The Newfoundland Standard Termination Notice is for termination without cause, however Newfoundland also has other forms for termination of a rental agreement with cause, which includes non-payment of rent, breach of agreement, or the unit being uninhabitable. With cause termination may mean the tenant will need to immediately vacate the unit if it is uninhabitable, or within a few days to a week in other circumstances.
The PEI Rental Office provides the necessary forms to follow through with the eviction process, including the notice of eviction form that must first be filled out. Some of the reasons that a landlord can indicate for evicting a tenant include: