Steps to being Evicted - I had this course with Avril Cordoso. However, Netta Romano create the lectures, PDF

Preview

Summary

I had this course with Avril Cordoso. However, Netta Romano create the lectures, assignments and lectures....

Description

LAWS 14602 – Residential Tenancies Law Week 5

1

Steps to an Eviction The steps to an eviction are as follows: 1. 2. 3. 4. 5.

Notice of Termination Application to Terminate a Tenancy Notice of Hearing Dispute Application Hearing 5a. Mediation 6. Order 7. Sheriff’s Notice to Vacate 1.

Notice of Termination [ what a LL gives]

The tenant will receive a Notice of termination from the Landlord and will be on either one of these forms: N4- Notice to Terminate Early For Non-Payment of Rent [could be voided] N5- Notice to Terminate Early [could be voided] N6- Notice to Terminate Early Illegal Act or Misrepresentation of Income N7- Notice to Terminate Early for Impaired Safety N8- Notice to Terminate a Tenancy at the End of a Term N12-Notice to Terminate a Tenancy at the End of Term for Landlord’s or Purchaser’s Own Use N13- Notice to Terminate a Tenancy for Conversion, Demolition or Repairs On these forms there will be a date stated on which the tenant must vacate the premises. The tenant may leave the premises before that date but if the tenant wishes to stay the tenant has no obligation to leave by the date the landlord specified in the form. In some instances the cause of the notice can be fixed with a stated period of time and the notice will become void. However, at this point it may become necessary for the tenant to seek advice because even if the landlord has given a legal reason and has followed the correct procedures, there is a chance that the notice is wrong or could be deficient. NOTE: After serving the Notice of Termination, Landlord must fill out a Certificate of Service which is needed if the Landlord has to start an Application at the Board. 2.

Application to Terminate a Tenancy

If the tenant has not fixed the problem (usually unpaid rent), and has not moved out by the date specified in the Notice of Termination, then the LL will fill out one of the following depending on the circumstances: L1L2L3L43.

Application to terminate a Tenancy for Non-payment of Rent Application to terminate a Tenancy and Evict a Tenant Application to Terminate a Tenancy – Tenant Gave Notice or Agreed to Terminate the Tenancy Application to Terminate a Tenancy – Tenant Failed to meet Conditions of a Settlement or Order Notice of Hearing

The landlord then proceeds to the Landlord and Tenant Board and files the appropriate forms (application forms with original Notice of Termination and Certificate of Service) and files the application. As of July 1, 2015, the Board serves the T with the Application and Notice of Hearing.

Page 1

LAWS 14602 – Residential Tenancies Law Week 5

4.

2

Dispute Application

The tenant is not required to file any material before the hearing date. He/she can dispute the application by showing up at the hearing and can raise any issues in defence such as unresolved maintenance problems. 5.

Hearing

The hearing will take place in front of an adjudicator at the Board. Both parties may be self-represented or may be represented by a lawyer or a representative. At the hearing the adjudicator will listen to both sides and will make a decision either granting the landlord’s application to evict the tenant or dismissing the landlord’s application and allowing the tenant to maintain their tenancy. 5a. Mediation On the day of the Hearing the landlord and the tenant are now given the opportunity to utilize the services of a mediator to resolve their dispute rather than going to the hearing. Mediation can only take place if both parties agree to sit down and try to resolve their differences. If the parties come to a resolution then the agreement is drawn up and signed by both parties. A copy of the agreement is retained by both parties and the adjudicator is notified that the dispute has been settled. 6.

Board Order

The Board’s decision on an application is called an Order. The copy of the Order is sent by mail from the Board to both the landlord and the tenant. The order will specify the amount owed by the T, the date by which the T can void the order if all monies owed are paid and the date the order can be enforced by the Sheriff (ie. when the Sheriff can start the eviction process). Generally, the order will give the tenant another 11 days from the date of the order to pay up before the order can be enforced. For example, if an order is signed February 1, the Tenant will be given until February 12 to pay all money owed failing which the Court Enforcement Office (Sheriff) will be authorized to commence the eviction process on February 12. 7. Sheriff’s Order to Vacate Only the sheriff can personally serve a tenant with a Notice to Vacate. Once the Notice to Vacate is posted on the tenant’s door the tenant has 5 days to vacate the premises. In extreme cases the tenant can file a Request for An Extension of Time with a Motion to Set Aside an Order or a Request to Review an Order together with Request to Extend or Shorten Time. If either is granted this will stay (stop) the eviction until there is a Hearing, a date which will be set by the Board. There must be a good and valid reason, otherwise the Board will deny the request and the Sheriff’s Order stands. If a Hearing is granted then a copy of the Stay order must be delivered to the Sheriff's office to stop the eviction and a copy must be delivered to the landlord. In that event if the tenant is still in possession when the Sheriff returns 5 days later to change the locks he will allow the tenant 5 minutes to remove their most important possessions ( drugs, passport, insurance paper clothes, jewelry etc) . The tenant then has 72 hours to make arrangements with the landlord to go in and remove their belongings otherwise their property becomes the property of the landlord. NOTE: the tenant will only be allowed to enter the dwelling once during the 72 hours to pack up remove their possession unless the tenant and landlord make some other arrangement.

Page 2...