Eviction for Illegal Acts and Impairment of Safety

You can’t afford the legal exposure of having a tenant put you, your family or other tenants at risk.  The Residential Tenancies Act allows Landlords to serve notices and file applications to evict tenants if they are committing illegal acts or impairing the safety of themselves or others.

These are complex applications, and the threshold of proof is somewhat higher when the claim is that the tenant committed an illegal act.  There are tricky requirements regarding the notice of termination, both with respect to timing and content.  Dates and times of events are required in order for the Board to find that the notice is valid.

Recent decisions at the Divisional Court in Ontario on appeals from Board decisions, have broadened the Member’s jurisdiction to look at many factors, including the Human Rights Code and disabilities the tenant might have.  You need someone with experience arguing the Code, and someone familiar with the case law surrounding illegal acts and impairment of safety. 

We will interview witnesses and prepare for the case meticulously, maximizing your odds for success.  Notices must be filled out properly and in accordance with recent Court decisions, otherwise the notices will be deemed to be defective, and your application will fail.  See us first if tenant problems arise.