Last Updated July 3, 2024
What is an Eviction Notice?
An Eviction Notice is a formal, written warning to a tenant that their Residential Lease Agreement is at risk or is about to end.
If there is a lease violation, the notice states whether the tenant must correct the violation by a certain date. For example, a tenant who fails to pay rent on time can still make a payment and avoid eviction.
If the lease won’t be renewed, the Eviction Notice informs the tenant when the tenancy is ending.
An Eviction Notice or Lease Notice is also called a:
- Notice of Lease Termination
- Notice to Pay Rent or Quit
- Notice of Non-renewal
- Notice to Vacate
- Notice to Evict
- Landlord Notice
How many violations should a landlord tolerate before eviction?
The number of tenant violations a landlord may tolerate will likely depend on the:
- Tenancy laws in their province or territory
- Nature of the violations
- Terms of the lease
For minor lease violations, such as late rent payments, landlords should make a decision based on the severity and frequency of the violations. They should also consider the unique details of the situation. A tenant who’s consistently late on rent payments is annoying, but eviction might not be worth the trouble if their lease term is nearly up.
For more serious infractions, such as conducting illegal businesses on the property, landlords may have grounds for immediate eviction. However, it's crucial to follow the proper legal procedures and document the violations appropriately. Be sure to consult your local laws to confirm whether you can pursue an eviction.
How does eviction work in Canada?
Landlords must abide by the eviction laws of the province or territory where the property is located.
These laws exist to protect both landlord and tenant rights. For example, a landlord typically can’t change the locks, cut off utility services, or physically remove a tenant from the property. These methods are sometimes referred to as "self-help evictions," "constructive evictions," or "economic evictions," and can be considered harassment or assault.
A landlord who illegally evicts a tenant may be liable for damages done to the tenant during that time.
Generally, the eviction process takes place in the following order and abides by these rules:
1. Serving notice
To evict a tenant legally in Canada, landlords must serve an Eviction Notice within the appropriate time frame. (Note that verbal eviction notices are generally not considered valid).
Notice periods depend on the type of lease, the reason for eviction, and local laws. LawDepot’s Eviction Notice template includes helpful information regarding notice periods, but it’s important to research how the law applies in your situation if you’re unsure.
After receiving notice, the tenant must vacate the property by the date stated—unless they can address the problem. If so, the Eviction Notice should specify how long the tenant has to solve the issue (e.g., pay rent) before their tenancy ends and they need to move out.
If the tenant does not leave, the landlord can apply for an eviction order from their local landlord and tenant agency. In this case, the landlord must tell the tenant about their application.
2. Applying for an eviction order
Once they receive the application, the tenancy board sets a date for a hearing. Many tenancy boards offer dispute resolution services, such as mediation, to help the parties reconcile. However, if the parties are unwilling or unable to reconcile through mediation, they schedule a hearing.
The landlord and tenant tribunal or an arbitrator hears the case and decides whether to proceed with eviction or not. If approved, they issue an eviction order and the tenant must vacate the premises by a certain date.
If the eviction is not approved, an order may be issued requiring the landlord to provide maintenance to the rental property, lower the rent, or accommodate the tenant in some other way.
3. Vacating the premises
If the tenant doesn’t leave, the landlord can take steps (which differ depending on the jurisdiction) to have authorities escort the tenant out.
For guidance on how to regain possession of a rental property, contact your local residential tenancy board:
How do I write an Eviction Notice?
In some provinces, handwritten eviction notices may be acceptable, as long as they contain the required information and comply with local laws. However, it's best practice to use official forms whenever possible.
Use LawDepot’s Eviction Notice template to create a custom letter that suits your needs. Simply answer our user-friendly questionnaire to generate your document, then download it as a PDF or print a copy for your records.
1. Describe the property and its location
By selecting your province or territory, our template will be modified to suit the laws in your jurisdiction. You must also include the property’s address.
2. Choose the type of notice best suited to your situation
Our template includes options for different types of lease notices, including:
- Notice to Pay Rent or Quit: Use this when a tenant fails to pay rent on time. It states a time frame for paying the overdue rent, otherwise the tenant forfeits the tenancy.
- Notice of Lease Violation: Also called a lease violation letter, use this when a tenant fails to comply with lease terms (e.g., smoking, having unauthorized pets, allowing a long-term guest to take up residence, etc.). If the tenant doesn't remedy the violation, you may terminate the lease agreement.
- Notice of Termination of Lease by Landlord: If a lease agreement automatically renews at the end of a term, you can use a Notice of Termination to cancel the renewal and end the lease.
- Notice to Quit: Use this when you want to end the lease in situations that aren’t the tenant’s fault. For example, you may want to move into or renovate your rental property. Remember to check your province or territory’s legislation for valid reasons to evict a tenant who’s not at fault.
3. Provide party details
State the name and address of both the landlord and tenant.
4. Plan to provide proof of service
A tenant does not have to sign an eviction notice for it to be valid or enforceable. However, some jurisdictions require landlords to send proof of service on an Eviction Notice. This document acts as evidence in court to verify that the tenant received a copy of the document.
If you choose to include this in your Eviction Notice, our template will generate a proof of service form for you to fill out and sign in the presence of a notary public.
How to serve an Eviction Notice
Eviction procedures vary by province or territory. However, the following methods are generally acceptable forms of service:
- Personal delivery: This can include handing the notice directly to the tenant or leaving it with another responsible person at the residence.
- Registered mail or courier: Some provinces allow for eviction notices to be sent by registered mail or courier service with proof of delivery.
- Electronic communication: Whether an Eviction Notice can be sent via text or email depends on the local laws. In some jurisdictions, electronic communication may be acceptable if both parties have agreed to it in writing (i.e., in a Residential Lease Agreement).
In most cases, police do not serve eviction notices. The landlord or their agent typically handles the service of eviction notices.
Should I notarize my Eviction Notice?
If you choose to attach a proof of service form, you may need to get the document notarized. Otherwise, most jurisdictions do not require an Eviction Notice to be notarized.
Can a landlord cancel an Eviction Notice?
Yes, generally, a landlord can cancel an Eviction Notice.
However, once legal proceedings begin, the landlord and tenant are subject to the rules of the authority considering the case. As such, they must comply with any requirements to withdraw or end an Eviction Notice.
