Can You Evict a Tenant for Hoarding in Ontario?

Hoarding can pose significant challenges for landlords, impacting the safety and condition of rental properties. If you’re a landlord in Ontario dealing with a tenant who is hoarding, you may be wondering what your rights are and whether you can evict the tenant.

In this article, we’ll explain the legal framework surrounding hoarding and eviction in Ontario, Canada, providing clarity for landlords navigating this complex issue.

Understanding Hoarding

Hoarding is a complex mental health disorder characterized by the excessive accumulation of possessions and the inability to discard them, leading to clutter and disorganization in living spaces. Hoarding can pose serious health and safety risks, including fire hazards, sanitation issues, and structural damage to the property.

Landlord Rights Regarding Hoarding in Ontario, Canada

As a landlord in Ontario, you have a responsibility to maintain safe and habitable living conditions for your tenants. If a tenant’s hoarding behavior poses a risk to the health or safety of themselves or others, you may have grounds for eviction. However, it’s essential to proceed carefully and follow the legal process outlined in the Residential Tenancies Act (RTA) to ensure compliance with landlord-tenant laws.

The Eviction Process for Hoarding in Ontario

  1. Document the Hoarding Behavior: Begin by documenting the hoarding behavior observed in the rental property, including photographs, written descriptions, and any communications with the tenant regarding the issue. This documentation will serve as evidence to support your case for eviction.
  2. Issue a Notice of Termination: If the hoarding behavior constitutes a breach of the lease agreement or poses a risk to health and safety, you can issue a Notice of Termination to the tenant. The notice must specify the reason for termination and the date by which the tenant must vacate the premises.
  3. File an Application to the Landlord and Tenant Board (LTB): If the tenant fails to vacate the property after receiving the Notice of Termination, you can file an application to the Landlord and Tenant Board (LTB) for an eviction order. You will need to provide evidence of the hoarding behavior and demonstrate that it constitutes a breach of the lease agreement or poses a risk to health and safety.
  4. Attend the LTB Hearing: The LTB will schedule a hearing to review the eviction application and hear from both parties. Be prepared to present your case and provide evidence of the hoarding behavior, such as photographs, witness statements, and documentation of any attempts to address the issue with the tenant.
  5. Obtain an Eviction Order: If the LTB determines that the hoarding behavior warrants eviction, they will issue an eviction order directing the tenant to vacate the premises by a specified date. The tenant will be required to comply with the eviction order, and failure to do so may result in further legal action.
  6. Take it to Small Claims Court: In some cases, you may be eligible to take the tenant to court for the damages they have done to your property. Ensure you have good documentation and photos to show what was done to your rental unit. A real estate lawyer will also be able to give you effective advice via a consultation.

Final Thoughts on Evicting Hoarding Tenants in Ontario

While evicting a tenant for hoarding in Ontario can be a challenging and complex process, landlords have rights under the Residential Tenancies Act to maintain safe and habitable living conditions for their tenants. By documenting the hoarding behavior, following the legal process outlined by the Landlord and Tenant Board, and seeking legal advice when needed, landlords can address hoarding issues effectively and protect their rental properties.

If you need professional hoarding cleanup experts in the Niagara region, contact us today for advice and a free quote.

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Carmine Mastropierro

Carmine is a life-long Niagara Falls resident, marketing expert, and the Co-Founder of Contractors Niagara.

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