residential-tenancies-act-eviction-procedures

Eviction grounds and procedures under RTA (subset of Anni's capabilities). This skill provides procedural compliance for residential evictions - NOT commercial evictions (covered by CTA).

Most common residential eviction - tenant fails to pay rent.

N4 Notice Requirements

Form: Must use prescribed Form N4 (current version - LTB updates forms)

14-day termination period (s.59):

• Notice terminates tenancy 14 days after service (not 14 days after non-payment)
• Example: N4 served June 1 → termination date June 15 (14 days later)

Arrears calculation:

• Rent only: Cannot include utilities, late fees, NSF fees (non-rent charges not grounds for N4)
• Example: $1,500/month rent + $100 utilities = arrears limited to $1,500 (utilities not included in N4)

Prescribed form (must use current version):

• Old/outdated N4 forms invalid (LTB rejects application)
• Missing information (amount owing, termination date) = defective notice

Service requirements:

• Hand delivery: Personal service to tenant (give to tenant directly)
• Mail: Registered mail or courier to rental unit
• Post in door: If cannot hand-deliver, slide under door or affix to door

Arrears Calculation (Rent Only, Not Additional Charges)

Rent: Monthly or weekly rent specified in lease

Included in arrears: Base rent only

Excluded from arrears (cannot use N4 for these):

• Utilities (hydro, gas, water) - even if lease requires tenant pay
• Late payment charges
• NSF fees
• Damage charges
• Use separate remedy: Small claims court for non-rent charges

Example:

• Monthly rent: $2,000
• Utilities owing: $300
• Late fee: $50
• N4 arrears: $2,000 only (utilities and late fee excluded)

Tenant's Right to Void (s.74)

s.74: Tenant may void N4 by paying full arrears + new rent before eviction order issued

Void calculation:

• Arrears: Amount owing on N4
• Plus: Any rent that came due since N4 served
• Timing: Before LTB issues eviction order

Example:

• N4 served: June 1, arrears $3,000 (May + June rent)
• LTB hearing: August 15
• Tenant pays: July 31, pays $5,000 ($3,000 arrears + $2,000 July rent)
• Result: N4 voided - tenancy continues, LTB application dismissed

Complete void: Tenant must pay full amount (partial payment does not void)

After eviction order: Tenant cannot void (too late) - must vacate

LTB Hearing (L1 Application)

Application timing: After N4 termination date passes (cannot apply before June 15 in example above)

Evidence required:

• Rent ledger: Showing all payments, arrears
• N4: Copy of notice served
• Proof of service: Affidavit or certificate of service

Relief from eviction (s.83 discretion):

• Even if arrears proven, LTB may refuse eviction or delay eviction
• Factors: Tenant circumstances, payment plan proposal, prejudice to landlord

Eviction order timeline: Minimum 11 days from order issuance (gives tenant time to vacate or pay)

Evictions based on tenant misconduct or lease violations.

N5 (Damage/Interference) - s.64

Grounds: Damage to property, interference with other tenants/landlord, illegal act on premises

Notice period: 20 days termination + 7-day void period

Void right: Tenant can void within 7 days by stopping behavior or repairing damage

Example:

• N5 served: June 1, alleges tenant causing excessive noise
• Termination date: June 21 (20 days)
• Void period: June 1-8 (7 days)
• Tenant action: Stops noise within 7 days → N5 voided
• If continues: N5 proceeds, landlord can apply to LTB

Second N5 (no void right if same issue within 6 months):

• First N5 for noise (May 1), tenant voids
• Second N5 for noise (August 1, within 6 months)
• No void right: Tenant cannot void second N5 (already had chance)

N6 (Illegal Act) - s.61

Grounds: Illegal act or business on premises

Notice period: 10 days, no void right

Examples:

• Drug dealing from unit
• Illegal firearms
• Operating unlicensed business (prostitution, unlicensed daycare)

No void: Tenant cannot cure illegal act (eviction proceeds unless tenant disputes at hearing)

N7 (Impaired Safety) - s.66

Grounds: Act that seriously impairs safety of landlord/others

Notice period: 10 days, no void right

Examples:

• Threatening violence
• Starting fires
• Disabling smoke alarms

Serious impairment: Must be serious, not minor (shouting match ≠ serious impairment, assault = serious)

N8 (Persistent Late Rent) - s.58

Grounds: Persistent late payment of rent (even if always pays eventually)

Notice period: 60 days, no void right

Persistent: Pattern of lateness (e.g., late every month for 6 months)

Example:

• Tenant pays rent 5-10 days late every month for past year
• Always pays full amount (no arrears), but consistently late
• N8 grounds met: Persistent lateness (even though pays)

No void: Tenant cannot cure past late payments (pattern established)

Evictions not based on tenant fault - landlord's need to recover possession.

N12 (Landlord's Own Use) - s.48

Grounds: Landlord or landlord's family requires unit for own occupation

Notice period: 60 days

Compensation: 1 month rent paid to tenant (or rent-free final month)

Good faith requirement: Landlord must genuinely intend to occupy (not pretext to evict)

Example:

• Landlord's daughter graduating university, needs place to live
• Landlord serves N12 on tenant (landlord's daughter will occupy)
• 60 days notice: June 1 notice → August 1 termination
• Compensation: $2,000 (1 month rent) paid to tenant before termination

Tenant's right of first refusal (s.53):

• If landlord does not occupy within reasonable time (72 months), tenant has right to return
• Example: Landlord evicts tenant claiming own use, but does not move in (rents to someone else 2 months later)

- Tenant remedy: Right to return to unit at old rent

Penalties for bad faith (s.57):

• If LTB finds landlord acted in bad faith (pretextual N12), tenant entitled to:

- Moving costs + Rent differential (if new rent higher) + Damages up to $25,000+

• Example: Landlord claims own use, evicts tenant, re-rents unit at 30% higher rent 1 month later

- Bad faith: LTB awards tenant $28,000 ($3,000 moving + $15,000 rent differential for 2 years + $10,000 damages)

N13 (Demolition/Renovation) - s.50

Grounds: Landlord requires vacant possession for:

• Demolition
• Conversion to non-residential
• Major renovation requiring building permit and vacant unit

Notice period: 120 days (longer than N12 - gives tenant more time)

Permits required: Landlord must have obtained necessary permits (building permit for renovation, demolition permit)

Right to return (s.52): Tenant has right to return to unit after renovation at old rent + guideline increase

Example:

• Landlord serves N13 for major renovation (gut renovation, requires building permit)
• 120 days notice: March 1 → July 1 termination
• Permits: Building permit obtained February 15 (before N13 served - required)
• Renovation: Completed December 1 (5 months)
• Tenant's right: Return to unit January 1 at old rent ($1,500/month + 2.5% guideline = $1,537.50/month)
• If landlord refuses: Tenant can claim damages, file T5 application

"Renoviction" protections:

• Landlord cannot use N13 for minor renovations (painting, cosmetic upgrades)
• Must be substantial renovation requiring permit and vacant unit
• Abuse: Landlord falsely claims major renovation to evict rent-controlled tenant, re-rents at market rent

- Penalty: Tenant entitled to damages, right to return, LTB fines

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This skill activates when you:

• Advise landlords on proper residential eviction procedures (N4, N5-N8, N12, N13)
• Calculate notice periods, void rights, and termination dates
• Prepare evidence for LTB hearings (rent ledgers, service affidavits)
• Evaluate good faith for N12 landlord own use evictions
• Assess N13 demolition/renovation requirements (permits, right to return)
• Advise tenants on void rights (s.74 N4 void, N5 7-day void) and defenses
• Navigate bad faith penalties and tenant remedies ($25K+ damages for pretextual evictions)