Last Updated: August 31, 2018
Evictions are not actually supported by the Residential Property Act. If a tenant has not left the rental unit, the landlord can apply for an application for delivery of possession to move all the tenants’ belongings out of the private property. Despite this, the notice cannot actually force a former tenant off the unit.
The landlord must provide written notice to the tenant allocating the required notice time prior to giving the notice of eviction. The length of notice required will vary from non-payment of rent (20 days notice), to failure to adhere to the upkeep of the unit or detracting from the enjoyment of other tenants (one month), to claiming the unit for a family member’s usage (two months).
A typical eviction process might be for interfering with the quiet atmosphere other tenants enjoy. The tenant may be given the notice to vacate after the first violation. Unless they successfully file a challenge with the Director of Residential Rental Property within ten days, the property manager can ask the tenant to move out by the twentieth. If they have not moved out that day, the landlord may contact the Director of Residential Rental Property to attain an application for delivery of property.
Property managers must deliver all security deposits to the Residential Tenancies Office (RTO). If within seven days of a tenancy termination neither party can agree on the appropriate distribution of the deposit, the landlord and tenant can file claims to the RTO. The burden of proof lies with the landlord, therefore they should send a copy of the lease and notice of termination, as well as any evidence that could aid in judgement. The tenant will be asked if they would like to dispute the claim, or amount of money demanded, and then the RTO will adjudicate.
A security deposit can be no greater than one month’s rent in most cases, or one week in a weekly lease
No, but one does need to request it before entering into the agreement with the tenant. The security deposit accrues interest annually at a legislated level.
Upon termination of the tenancy, the landlord must return the deposit with all accrued interest within ten days unless the landlord serves a Notice of Intention to Retain Security Deposit to the tenant, explaining the tenants’ reasons for wanting to keep all or part of the money.
Disclaimer: Many of the terms in these fact sheets may relate to certain legal rights and obligations that tend to change from time to time. The information provided does not constitute legal advice and the manager of this database is not a law firm. These materials are intended, but cannot be promised or guaranteed to be current, complete or up-to-date. The specific interpretation of the terminology, acts and relevant regulations depend on the laws and procedures corresponding to that particular province. All of these fact sheets are to be used for informational purposes only and are not meant to be used as legal advice. If you need more information about your province or territory, including details about legal orders, notices and certain forms, contact your local rental authority or a qualified lawyer in the area.
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