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Evictions: These are your rights as renter in each province and territory

$3,000 for a 1 bedroom, an easy target in the next 7 years: Vancouver realtor Steve Saretsky, a Vancouver realtor at Oakwyn Realty, joins BNN Bloomberg to discuss the red hot rental market in Canada. He gives us an on the ground perspective as to what is driving up prices in Vancouver and what he expects for prices in the years to come.

Landlords in Canada can move to end rental agreements for reasons ranging from late rent payments to personal plans for the unit, but eviction rules vary across the country.

Here is a look at tenants’ rights in each province and territory when it comes to evictions:

ONTARIO

Landlords in Ontario need to provide tenants with a written notice that states the reason for an eviction.

According to the province, acceptable reasons can include:

  • Impairing the safety, enjoyment or rights of other tenants.
  • Illegal acts by the tenant.
  • Non-payment of rent.
  • Personal use, if a landlord wants to use the unit for their family or themselves, or are selling the property to a buyer who intends to move in.
  • Renovations, repairs or demolitions. Landlords must compensate tenants if they are evicted for this reason, and must offer tenants the right of first refusal to move back in once renovations are complete. Tenants must notify landlords that they want to move back in.

Landlords are expected to act in good faith when evicting a tenant for reasons that are not considered the tenant’s fault, such as for the landlord’s personal use or renovations. The Landlord Tenant Board (LTB) may require the landlord to pay the tenant extra fees if they are found to have terminated the rental agreement in bad faith.

Landlords must receive an order from the LTB to enforce an eviction. Tenants have the right to a hearing before the LTB to explain their case for not being evicted.

If a tenant is evicted, they must be allowed back into the unit to collect their belongings within 72 hours.

QUEBEC

Landlords in Quebec must notify tenants of the reason they are being evicted. The required notice period depends on the length of the lease.

According to the province, possible reasons for an eviction include:

  • If rent payments are frequently late, landlords can request that a lease be terminated and tenants evicted, but they must prove that they have suffered serious financial harm as a result of the late payments.
  • Plans to divide or enlarge the dwelling.
  • The landlord wants to repossess the unit for themselves, a parent or child, or a current or former spouse who depends on them for support.

Tenants must file their objection to an eviction with the Tribunal administratif du lodgement within one month of receiving a notice. If the landlord is evicting the tenant for a renovation and the tenant objects, the landlord must prove they plan to make those changes.

The tenant can also ask the tribunal to change the conditions of the eviction, such as setting a later move-out date. Tenants can also seek damages if they were evicted in bad faith or want to seek punitive damages for an illegal eviction, and must file within three years that they became aware the eviction was not justified.

Tenants who are 70 years old or older, have occupied their units for at least 10 years and have an income equal or less than the maximum for low-rental housing cannot be evicted if the landlord wants to repossess the unit.  There is exception to this rule if the landlord or their relative who plan to move in are 70 years old or older.

BRITISH COLUMBIA

British Columbia tightened its rules around “renovictions” in 2021. A landlord must now apply with the Residential Tenancy Branch if they want to end a tenancy for renovations or repairs, and an arbiter will decide if an eviction is necessary for the work to be done.

Other reasons a landlord may move to evict a tenant in B.C. include:

  • Unpaid rent or utilities. Landlords must give 10 days’ notice to end a tenancy for this reason.
  • If the tenancy was a condition of employment that has ended.
  • Landlord's personal use. This reason must be taken in good faith and requires two months’ notice.
  • Demolishing or converting the property. This requires four months’ notice.

Tenants can apply for dispute resolution to fight an eviction, and they can remain in the unit until a decision is made.

MANITOBA

A landlord can give a tenant an eviction notice for the following reasons in Manitoba, according to the province:

  • Non-payment of rent. Tenants can be asked to move out if they do not pay rent within three days of receiving the notice. Landlords can still ask a tenant to move out after receiving the late rent, but they must communicate that in writing.
  • Failing to follow house rules or responsibilities laid out in a rental agreement. Usually this reason requires a warning before a formal eviction notice.
  • Landlord wants to use the unit for themselves, their spouse or adult children. The required notice period for this reason depends on the vacancy rate in the area.
  • Renovations or demolitions planned within the first six months after the notice.
  • Selling the unit. Generally this requires six months’ notice for people with a full-year lease.

Tenants with children attending school nearby who are evicted for reasons such as landlord’s planned renovations, property sales or personal use can remain in their units until the school year ends. This doesn’t apply if the reason for the eviction is non-payment of rent or breaking rules.

People can also claim moving costs up to $500 from their landlords if they are evicted for reasons that are not considered their fault.

The Residential Tenancies Branch is available if the landlord and tenant can’t agree on terms.

SASKATCHEWAN

Under the Residential Tenancies Act, landlords can give eviction notices in Saskatchewan for the following reasons:

  • Unpaid rent or utilities if they are late by 15 days or more.
  • The tenant has unreasonably disturbed other residents, or put residents or the property at risk.
  • Damages by the tenant.
  • Personal use for the landlord, a close relative or a friend.
  • Demolitions or renovations that can only be done if the unit is vacant.

Tenants have 15 days to dispute an eviction notice after receiving it.

Tenants and landlords can go to Saskatchewan’s Office of Residential Tenancies for rulings to help settle disputes.

ALBERTA

According to the province, possible reasons for an eviction in Alberta include:

  • Conditions of the rental agreement were broken.
  • Non-payment of rent
  • Damaging the property or disturbing others.
  • The landlord or a relative wants to move in.
  • Sale of the rental premises, if the buyer or a relative wants to move in. In this case, the buyer must ask the landlord to give the tenant notice to move out.
  • Demolition.
  • Major renovations that require the property be vacant. Landlords must give tenants one year’s notice for this reason, and the province notes that routine maintenance, painting and replacing floor coverings do not count as major renovations.

Tenants must explain their objection to an eviction in writing, and give it to the landlord within 14 days of receiving the notice.

People can apply to the province’s Residential Tenancy Dispute Resolution Service within two years of a potential claim.

NOVA SCOTIA

Landlords in Nova Scotia have four avenues to evict a tenant, according to the province:

  • Rental arrears. Tenants can be served an eviction notice if their rent is 15 days late. After receiving notice, the tenant has 15 days to pay rent or file a formal dispute of the eviction.
  • Breach of conditions such as interfering with the occupancy of other tenants, or damaging the property. Fifteen-day notice is required for this type of eviction.
  • New owner, such as through a sale.
  • “Additional circumstances,” including rent later than seven days on a week-to-week rental agreement, the end of employment that was a condition of the tenancy, posing a safety risk to others or if the unit becomes uninhabitable due to a fire, flood or other event.

The Residential Tenancies Program is available to resolve disputes between tenants and landlords.

NEW BRUNSWICK

In New Brunswick, landlords can move to end a lease early for the following reasons, according to the province:

  • The landlord or their family plans to move in to the unit.
  • Significant renovations, or if the unit will be used for something other than residential.
  • The tenancy was a condition of employment that has ended.
  • The tenant is causing damage, creating safety risks or conducting illegal activity while on the property.
  • Non-payment of rent. The landlord must serve the tenant with a notice to vacate, which must include the amount of rent owing that must be paid within seven days. If the tenant pays within that time period, they do not have to move out. If the tenant does not pay, the landlord can serve a final notice to vacate, which sets a date for the tenant to move out at least 15 days later.

Tenants can be evicted only by a judge or a residential tenancies officer, if they did not move out after receiving a notice to vacate or a notice of termination, or if they did not move out after the end of a fixed-term lease.

The province notes that a tenant cannot be evicted for making a complaint against their landlord. Tenants in that situation can file for assistance with the Residential Tenancies Tribunal within 15 days of receiving notice.

PRINCE EDWARD ISLAND

On Prince Edward Island, landlords can evict tenants for the following reasons.

  • Non-payment of rent. Landlords can serve eviction notices for late rent one day after the rent was due. Tenants have 20 days to move out after the notice is served, and can remain in the unit if they pay the rent within 10 days of receiving notice – though landlords can take additional steps to end the lease if rent is consistently late.
  • Breach of conditions in rental agreement, such as disturbing the quiet enjoyment of other tenants. Landlords must give tenants 30 days to move out when an eviction is for this reason.
  • Personal or family use, renovations, conversions or demolitions. Tenants must be given 60 days to move out in these circumstances, and must challenge the eviction within 20 days if they wish to do so.

Tenants can request that any eviction notice be set aside.

NEWFOUNDLAND AND LABRADOR

According to the province, Newfoundland and Labrador landlords can end a rental agreement early over:

  • Non-payment of rent. Tenants cannot be evicted until 10 days after the rent has been five days late.
  • Breach of the rental agreement.
  • The premises are uninhabitable.
  • Interference with others’ peaceful enjoyment or privacy.

In most of the above cases, tenants must be given five days to move out, unless the premises are uninhabitable, in which case they must move out immediately.

Landlords and tenants can mediate disagreements through the province’s Residential Tenancies Office.

NUNAVUT

Landlords in Nunavut must give 10 days notice for most lease terminations, according to the territory.

Reasons can include:

  • Repeated non-payment of rent on the specified dates in the tenancy agreement.
  • The tenant did not provide a security deposit.
  • Disturbing the landlord or other tenants, or posing a safety risk.
  • Damage caused by the tenant or a guest.
  • The landlord or a close family member wants to move in. The landlord can end the tenancy after 90 days in this case, or when the lease agreement ends, whichever comes first.

Disputes between landlords and tenants can be handled by the Residential Tenancies Office.

YUKON

Yukon landlords generally must give three months’ notice of an eviction if the tenancy agreement is for a full year. If the tenant has a monthly tenancy, required notice is two months.

Landlords can give 14-day notice of an eviction for the following reasons, according to the territory:

  • Unpaid security deposit within 30 days of the date set out in the agreement.
  • Damages have not been repaired in a reasonable time.
  • Repeated late payment of rent.
  • Breach of the tenancy agreement, if the tenant does not change their behaviour after receiving a letter.
  • Jeopardizing the safety or enjoyment of other residents.
  • Landlord or their immediate family plans to move in to the unit.
  • Plans to sell or change the use of the property.

Tenants have 10 days to apply for dispute resolution after they receive a notice.

NORTHWEST TERRITORIES

Northwest Territories landlords must go to the territory’s Rental Office to obtain an eviction order if a tenant has not moved out, where a rental officer will decide whether an eviction is necessary.

Landlords can end tenancies early, with a general rule of at least 10 days’ notice for most situations, for the following reasons:

  • Repeatedly not paying rent or paying rent late.
  • Disturbing others’ enjoyment of the property or posing a safety threat.
  • Damage to the property or breaches of the rental agreement.
  • Selling the property.
  • The landlord or a close relative wans to move in.