Welcome to Randall Johns Law Office
We are a small, focused law firm, serving clients in the areas of Civil Litigation, Corporate Law, Family Law, Wills and Estates, Landlord and Tenant Board and Real Estate.
While we believe most lawyers and law firms share the key values of our profession, we believe what makes us unique is our ability to provide the benefit of experience, knowledge, and cost effectiveness in one package.
Our firm focuses on personal and interactive service; working with our clients rather than simply for our clients to obtain the desired results. With that said, we cannot be effective without the knowledge necessary to provide sound advice and innovative options. We continually upgrade our knowledge and skills and participate in training above and beyond the requirements of the profession.
Thinking about evicting a tenant for failure to pay rent?
So, you’ve attempted to collect rent from your tenant(s) and they’re either delaying or ignoring you. Furthermore, you’re not even sure if they’ll engage in a meaningful conversation with you regarding their rental arrears even if you had the opportunity to discuss it with them. Therefore, you’re stuck asking yourself, what’s my next step? Some people might think the easy answer is to either change the locks and/or forcibly remove the tenant(s) from the home; however, neither of those options are the answer and could land you in incredibly hot water.
When landlords begin eviction proceedings against their tenant(s), for whatever the reason, they have to follow the Residential Tenancies Act (the “RTA”). The RTA governs all aspects associated with residential tenancies. As stated above, it is the same piece of legislation that specifically prohibits a landlord form changing the locks without giving their tenant(s) a set of replacement keys and also specifies that only the Sheriff can remove the tenant(s) from the property and carry out an eviction order. In addition, the RTA lists various types of landlord’s conduct that are considered ‘offences’ (i.e. changing locks, etc.) and also specifies the penalties that accompany those offences.
Now, onto the actual process of commencing a rental arrears application, and seeking an eviction against your tenant(s). To begin, you need to fill out an N4 form (Notice to End Your Tenancy Early For Non-Payment of Rent). This form can be found on the Landlord and Tenant Board’s website. When completing this form, one has to be especially careful to follow the instructions and timelines specified as a simple error could invalidate the entire form. When the form is completed you need to properly serve the form on your tenant(s) and begin counting the days. If your tenant(s) fail to pay the arrears within the time period stated, also known as the termination date, or fail to move out of the property by said date, you can commence an application with the Landlord and Tenant Board to hear your application. At that point, it’s a whole new ball game filled with trials and tribulations that, unfortunately, can’t be fully canvassed in only a few short paragraphs.
If you would like more information regarding the above, or would like further help regarding your exact situation, please contact Kristofer D. Evans at 807-623-8444 who would be happy to arrange a meeting with you.
*It should be stated that the above information is given in a very general and basic sense. It is given only in an informative manner and it is not to be construed as direct legal advice. The only method of obtaining direct legal advice is to hire a lawyer who can properly respond to your own individual and specific set of circumstances.