This is the third instalment of “Landlord’s frequently asked questions” , you can find the previous instalments in the sites article archives. We try and answer the questions to the best of our abilities but it is always a good idea to seek out professional legal advice, for example by calling the Rental Housing Tribunal in your province. They offer advice regarding landlord/tenant relations.
7.If my tenant’s lease expired a few months ago and they are still paying for and living in the property may I give them notice to vacate the property immediately?
NO, the first thing you should do is check your lease agreement for a clause specifically for this event and follow what it says. If there is no such clause then you and your tenant have effectively renewed the original lease and all it’s terms including it’s length and period of notice clause. If you still wish to evict the tenant before the end of his newly renewed lease you need to follow the terms set out in the cancellation clause of your lease agreement, if you have such a clause.
8.Can I evict my tenant myself, if not, how do I do it?
Unfortunately no matter how tempting it is you may NEVER evict a tenant yourself. Check what your contract says and if the tenant is in breach follow the legal route and call your local Rental Housing Tribunal. They should be able to advise you on how to obtain a court order to evict the tenant.
9. May I change the locks on the property and lock my tenant out?
NO, this is illegal. It is considered an illegal eviction and you as the landlord could get in serious legal trouble for doing it. If you need to change the locks on the property you must give the tenant a spare key so that they may also access the property.
Let us know how you successfully evicted a problem tenant the legal way.