What to Do if Your Tenant Breaks the Lease
Dealing with a tenant who breaks their lease can be challenging for landlords. At LSK Property Management, we guide property owners through this process. Here’s a comprehensive approach to handling lease breaches in Ontario:
Understanding Lease Breaches
Common lease violations include:
- Non-payment or late payment of rent
- Unauthorized occupants
- Pet policy violations
- Property damage beyond normal wear and tear
- Engaging in illegal activities on the premises
Step 1: Identify the Breach
- Review the lease agreement to confirm the violation
- Document the breach with evidence (photos, witness statements, etc.)
Step 2: Communicate with the Tenant
- Contact the tenant in writing about the breach
- Clearly state the lease clause that has been violated
- Provide a timeline for rectifying the situation
Step 3: Understand Your Legal Rights
In Ontario, landlords must follow the Residential Tenancies Act. Familiarize yourself with:
- Notice periods for different types of breaches
- Proper forms for giving notice (e.g., N4 for non-payment of rent)
Step 4: Serve Proper Notice
Depending on the breach:
- Use the appropriate Landlord and Tenant Board form
- Ensure proper delivery of the notice
- Keep proof of service
Step 5: Allow Time for Remedy
- Give the tenant the legally required time to correct the issue
- Document any communication or actions taken by the tenant
Step 6: Consider Mediation
- Offer to discuss the issue and find a mutually agreeable solution
- Consider using the Landlord and Tenant Board’s mediation services
Step 7: File with the Landlord and Tenant Board
If the breach is not remedied:
- File the appropriate application with the LTB
- Prepare all necessary documentation for the hearing
Step 8: Attend the Hearing
- Present your case with all supporting evidence
- Follow the LTB’s decision and order
Step 9: Enforce the Order
If eviction is ordered:
- Follow legal procedures for tenant removal
- Involve the Sheriff’s office if necessary
Special Considerations
Early Lease Termination
If a tenant wants to leave before the lease ends:
- Review the lease for early termination clauses
- Consider allowing lease assignment or subletting
- Understand your duty to mitigate damages by trying to re-rent the unit
Rent Arrears
For non-payment of rent:
- Serve an N4 notice immediately after rent is due
- Consider setting up a payment plan if the tenant is facing temporary hardship
Property Damage
- Document all damage thoroughly
- Distinguish between damage and normal wear and tear
- Consider filing for compensation at the LTB
Preventive Measures
To minimize lease breaches:
- Conduct thorough tenant screening
- Have a clear, comprehensive lease agreement
- Maintain open communication with tenants
- Conduct regular property inspections
Legal Compliance
Always ensure your actions comply with:
- The Residential Tenancies Act
- Ontario Human Rights Code
- Municipal bylaws and regulations
The Role of Property Management
Professional property managers can:
- Handle lease violations efficiently and legally
- Maintain detailed records and documentation
- Navigate the LTB process effectively
- Implement strategies to prevent future breaches
Conclusion
Dealing with lease breaches requires a balanced approach of firmness and fairness. Understanding your legal rights and responsibilities, communicating clearly with tenants, and following proper procedures are key to resolving these issues effectively. At LSK Property Management, we specialize in handling lease violations and protecting landlords’ interests. For expert assistance in managing tenant issues or to learn more about our comprehensive property management services, visit our lease enforcement page or contact us for personalized support.