本文发表在 rolia.net 枫下论坛Eviction
Evicting tenants can be difficult, time-consuming, and expensive.
A landlord cannot simply kick out a troublesome tenant. That landlord must serve proper legal notice on the tenant using forms prescribed by the Ontario Rental Housing Tribunal. In certain circumstances, the landlord must wait a time period specified by law to allow the tenant time to correct or rectify the offending behaviour. If the behaviour is not corrected, the landlord must make an application to the Ontario Rental Housing Tribunal (and pay a filing fee of $150.00) then, in most cases, attend at a hearing.
Although not a court of law, the Ontario Rental Housing Tribunal is a quasi-judicial forum. In other words, it is not as formal as a court of law, but the rules of evidence and natural justice apply. Appearing before the Ontario Rental Housing Tribunal can be a stressful and daunting experience, especially for those who are unfamiliar with basic legal proceedings. The tensions only rise where bad relations have developed between the landlord and tenant. Both landlords and tenants have the right to be represented by a lawyer, paralegal, or other agent at a hearing.
Examining the various grounds for eviction goes beyond the scope of this article. However, it is worth distinguishing between eviction for cause and non-cause. The former term speaks to situations in which the tenant is doing or has done something illegal, whether it be under the Tenant Protection Act or some other law. For instance, a tenant may be using the rental unit for commercial−as opposed to residential−purposes. Or the tenant may be carrying out criminal activity within the unit.
Non-cause means that the tenant has done nothing wrong legally, but the landlord wants possession of the rental unit. A common situation is where the landlord wants the rental unit for legitimate use by his or her child. Terminating the tenancy is possible under such circumstances. However, the landlord must make an application to the Ontario Rental Housing Tribunal to obtain an order to terminate the tenancy with the current tenant.更多精彩文章及讨论,请光临枫下论坛 rolia.net