Eviction Notice: All Provinces in Canada

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What You Should Know

  • An eviction notice is the first step in the eviction process
  • The landlord will give the eviction notice to the tenant, which will outline the reasons why they are being evicted
  • After being served an eviction notice, the tenant can choose to either vacate or continue the eviction process
  • An eviction order can only be granted by a court, which will be decided after a hearing

Eviction Notices in Canada

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.

Provincial Forms

Each province in Canada will have their own process and notice of eviction form that you will use when evicting a tenant.

Notice of Eviction Ontario

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:

  • A notice to end tenancy early for non-payment of rent,
  • Notice to end tenancy for interfering with others, damage, or overcrowding,
  • Notice to end tenancy for illegal acts or misrepresenting income,
  • Notice to end tenancy for causing serious problems in the rental unit,
  • Notice to end tenancy at the end of your term,
  • Notice to end tenancy because a landlord, purchaser, or family member requires the unit, and
  • Notice to end tenancy because the landlord wants to demolish, repair, or convert the unit

Notice of Eviction British Columbia

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:

  • 10 day notice to end tenancy for unpaid rent or utilities,
  • One month notice to end tenancy, if the tennant has been late multiple times, hasn’t paid their damage deposit, or has caused extraordinary damage to the property, among other reasons,
  • Two month notice to end tenancy if the landlord plans to use the property,
  • Four month notice to end tenancy to demolish or convert the rental unit, and
  • 12 month notice to end tenancy for conversion of manufactured home park

Notice of Eviction Alberta

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.

Notice of Eviction Quebec

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.

Notice of Eviction Manitoba

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:

  • A form for tenants who are habitually late, however have paid their rent,
  • A form for non-payment of rent,
  • A form for non-payment of service charges,
  • A form if the landlord intends to move into the rental unit, or
  • A form if the landlord plans on demolishing or converting the unit

Notice of Eviction Saskatchewan

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:

  • Notice to vacate for non-payment of rent,
  • Notice to vacate for cause,
  • Notice to vacate so the owner can occupy, or
  • Notice to vacate for demolition or construction

Notice of Eviction Nova Scotia

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:

  • Behavioural issues,
  • Failing to meet responsibilities, or
  • Failing to meet municipal laws (for mobile home parks)

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:

  • Tenant poses a safety risk to landlord or other tenants,
  • Premises are no longer livable due to fire, floods, or other damage, or
  • Premise has been foreclosed upon

Notice of Eviction New Brunswick

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:

  • The unit being uninhabitable,
  • The unit being under renovation,
  • Damage to the property, or
  • The tenant being a risk to the landlord and others

Notice of Eviction Newfoundland and Labrador

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.

Notice of Eviction PEI

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:

  • Failing to pay rent,
  • Tenant is interfering with the other tenants, their property, and possessions,
  • The tenant has damaged the building beyond normal wear and tear, or
  • Failing to provide their security deposit

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