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Eviction Notice
I need an eviction notice for a tenant who has failed to pay rent for the past three months, including a clear deadline for vacating the premises and information on how they can contest the eviction if they choose to do so.
What is an Eviction Notice?
An Eviction Notice is a formal written warning from a landlord telling a tenant they must move out of a rental property. In Canada, landlords must follow strict provincial rules when giving these notices, which are also called "Notice to End Tenancy" or "Notice to Terminate."
The notice must explain why the tenant is being evicted (like unpaid rent or property damage), give the move-out date, and follow specific time requirements. For example, in Ontario, tenants usually get 60 days' notice for a no-fault eviction, while serious lease violations might only require 10 days' notice. Tenants have the right to challenge these notices through their provincial Landlord and Tenant Board.
When should you use an Eviction Notice?
Landlords need to issue an Eviction Notice when tenants seriously violate their lease terms or when the property must be vacated for legitimate reasons. Common triggers include non-payment of rent for multiple months, causing significant property damage, illegal activities on the premises, or when the owner plans major renovations or needs to move in themselves.
Timing matters - send the notice immediately after documenting lease violations or deciding on property changes. In Ontario and most provinces, landlords must give proper notice periods: 14 days for rent non-payment, 20 days for illegal activities, and 60-120 days for renovation or personal use evictions. Quick action helps protect your legal rights and starts the formal eviction process if needed.
What are the different types of Eviction Notice?
- Eviction Notice For Non Payment Of Rent: Specifically addresses rent default, requiring 14 days' notice in most provinces
- Tenant Eviction Notice: General-purpose notice covering various lease violations like property damage or illegal activities
- Notice To Vacate Letter: Used for no-fault evictions like renovations or owner occupation, requiring 60-120 days' notice
- Notice To Quit: Immediate termination notice for serious violations requiring urgent action
- Eviction Notification: Formal communication often used after previous warnings, detailing final move-out requirements
Who should typically use an Eviction Notice?
- Property Owners/Landlords: Issue Eviction Notices to end tenancies, must follow provincial timelines and regulations when serving notices
- Property Management Companies: Often handle the eviction process on behalf of landlords, ensuring proper documentation and legal compliance
- Tenants: Receive and must respond to Eviction Notices, have rights to dispute or appeal through provincial boards
- Legal Representatives: Help draft notices, ensure compliance with provincial laws, and represent either party in disputes
- Landlord and Tenant Board: Oversees eviction processes, mediates disputes, and ensures notices meet legal requirements
- Process Servers: Professionally deliver notices when personal service is required for legal validity
How do you write an Eviction Notice?
- Document Lease Details: Gather the rental agreement, tenant information, and property address
- Record Violations: Compile evidence of lease breaches, including photos, payment records, or incident reports
- Check Notice Period: Confirm your province's required notice timeline for the specific type of eviction
- Tenant History: Note all previous warnings, communications, and payment records
- Property Access: Plan move-out inspection dates and key return procedures
- Delivery Method: Determine how you'll serve the notice (in-person, registered mail, or posting)
- Supporting Documents: Prepare copies of relevant lease sections, violation evidence, and provincial forms
- Digital Records: Save copies of all documentation and proof of delivery for your records
What should be included in an Eviction Notice?
- Property Details: Full address and unit number of the rental property
- Party Information: Legal names and contact details of both landlord and tenant(s)
- Termination Date: Clear statement of the move-out deadline following provincial notice periods
- Reason for Eviction: Specific grounds for termination with reference to lease terms or law violations
- Required Notice Period: Confirmation that proper provincial notice timeline is being provided
- Right to Dispute: Information about tenant's right to challenge through provincial board
- Delivery Method: Documentation of how and when notice was served
- Signature Block: Landlord's signature, date, and contact information for future correspondence
What's the difference between an Eviction Notice and a Lease Termination Notice?
People often confuse an Eviction Notice with a Lease Termination Notice. While both deal with ending tenancies, they serve different purposes and have distinct legal implications in Canadian rental law.
- Legal Force: Eviction Notices are formal legal orders requiring tenants to vacate due to violations or specific circumstances, while Lease Termination Notices end tenancies through mutual agreement or natural conclusion
- Timing Requirements: Eviction Notices often have shorter, statutorily defined notice periods based on the violation type, whereas Lease Termination Notices typically follow standard lease end dates
- Dispute Process: Evictions can be challenged through the Landlord and Tenant Board, while lease terminations rarely require board involvement
- Documentation Needs: Eviction Notices must include specific evidence of violations or circumstances, but Lease Termination Notices simply need basic property and timeline details
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