# I may have to evict a tenant in Ontario - need help with what to do next



## Dana (Nov 17, 2009)

I have a problem tenant in a one-bedroom unit that I may need to evict. The problem is mostly noise disturbance. This young couple (mostly her as the incidents seem not to happen when he is around) like to party loudly and late into the night, sing karaoke at the top of their lungs, have their parties spill out to the outdoor living space around the property, use their neighbours parking spots and frequently give delivery people the wrong address resulting in neighbours being woken up for late night deliveries to the wrong house. 

This is a landlording first for me. I have never had this type of issue before. I have always managed to pick responsible, neighbourly tenants in the past. 

Last night they had a birthday party and refused to quiet down for neighbour complaints. The neighbours called the police (at my urging) and the police showed up with the k9 unit. The tenants refused to quiet down for the police so the police shut the party down and were there for about 3 hours. 

I have contacted the tenants and they assure me this is a one-off and will never happen again. I have also contacted the police and arranged to get a copy of the incident report under Freedom of Information. 

I would like to give these tenants a written "reprimand" warning them that if they disturb their neighbours peace again or if they break the terms of their lease by overparking again I will start eviction proceedings. 

What info must I include in the letter? What info should I avoid? If I end up at the LTB, I want to make sure my ducks are in a row. 

Any advice is appreciated. Thanks.

ETA: the only documented incidences that I can back-up with proof is last night's party and the use of neighbours' parking spots. The other complaints have not been formally made with specific instances of date and time.


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## financialnoob (Feb 26, 2011)

If you're looking for a formal type of notice, you may consider filing an N5. Like an N4 for rental arrears, the form is the first part of the eviction process, but does not mean the tenant is being evicted. It's a formal notice and the first step of the process, but gives them 7 days to rectify the problem. It's also useful to keep on file in case of future incidents if you do have to proceed down the road.

Maybe a discussion with the tenant about what this form means would help so they understand they're not being evicted, but that it means if the problem persists, you can proceed with the eviction. It gives them the opportunity to remedy the situation while providing you something formal on paper for the future.

The form and guide are here:

Landlord and Tenant Board: Help for Landlords

Though it's the first documented issue, it's clearly not a one-time issue. This could be the end of it, but if it isn't, you may need to replace more than just the one tenant if the others get fed up.


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## Dana (Nov 17, 2009)

Thanks, FinancialNoob! That's exactly what I need. I was surfing around the LTB website earlier but did not come across it on my own. Thank you very much.


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## marina628 (Dec 14, 2010)

If i were neighbors I would go over and ask them to move their car , if they don't call tow truck company to come and get it .A few times of doing that should solve parking issue.If this is not the first noise complaint I would just start to get rid of them now .


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## I'm Howard (Oct 13, 2010)

Sell the property, buy REIT's.

Ca$h flow is as good or better, no confrontations.

The last person i would argue with is a Drunk or someone possibly high on drugs, and in my observations, young women are much more difficult to deal with, very confrontational they have been raised on what are their rights and over indulgent Parents.


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## financialnoob (Feb 26, 2011)

No prob. I'd also add that depending on the tenant, I might go an extra step to explain the point of the form to them. If they're not familiar with Landlord/Tenant matters, they may take it as an eviction notice, and ditch (potentially damaging the place before they do). 

You could advise them that it's simply a formal warning, and that you had no choice to do it because of complaints from other tenants and the police report. If you hadn't taken some form of action, other tenants could have taken you to the Tribunal for ignoring it. And basically let them know that they it is clearly noted on the papers they can stay so long as they rectify the problem, and it's not a formal eviction.

If you're not that comfortable with the tenant though, then forget the above. It's a judgment call, and you're not obligated in any way to explain it to them.


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## Dana (Nov 17, 2009)

That is great advice, FinancialNoob and great minds think alike. Since this couple is young and presumably inexperienced with these forms, I have highlighted the areas of the form which apply to them specifically and attached a small note explaining thay they should read the entire form but focus on the highlighted areas. I also invited them to call me to discuss if they have any questions. 

On the other hand, they have been quite high maintenance since they moved in and if they interpret it as an eviction, I am fine with that too.


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## financialnoob (Feb 26, 2011)

Crazy minds also think alike. And I hate to tell you, but I've been called crazy more than I've been called great 

But I think you did the right thing. Hopefully this is the end of these tenant problems, one way or another.


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## chaudi (Sep 10, 2009)

These are issues that you have to deal with as LL. Did you think that no one is young and likes to have parties? 
I hate to break it to you but it's not easy to evict someone in Ontario especially for a having a bd party.
I think that 3 hours with the cops probably was a clear message anyways, i doubt you need to remind them of anything at this point.
Usually as soon as you start threatening a tenant you can expect that they may stop paying rent. So you may lose a number of months rents with this attitude better to hold up and see if it solves it self. Actually i don't see what the problems is, do you live in the same building? Never live in the same building as your rentals. This is rule #1.


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## OK-bachelor (May 24, 2011)

Don't renew their lease , and when they leave be prepared to spend money on repairs. People in that frame of mind usually do not respect other peoples property .


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