There are numerous reasons a bad tenant can be evicted: non-payment of rent, overcrowding, illegal activity, damage etc. However, when it comes to respectful, rent-paying, ‘good’ tenants, when can they be legally evicted? One might ask why a landlord would want to evict a good tenant, but there are reasons, some legitimate, some not.
One common reason a landlord may attempt to evict a tenant is to obtain higher rent. Average rents in Ontario have increased much faster than official rent increase limits. According to CMHC statistics, average Ontario rents increased 55% between 2013 and 2023, compared with the 16.5% official maximum allowable increase (on most units built before Nov 2018). This has created a discrepancy between market rent and the rent which can be charged to existing tenants based on official allowable rent increases. This discrepancy creates a potential incentive for landlords to get rid of tenants, even if they are ‘good’.
It’s illegal for landlords to evict tenants merely to obtain higher rents. However, that does not mean that ‘good’ tenants are necessarily “safe”. Two common reasons that ‘good’ tenants get evicted are: due to renovations (“renoviction”), and due to an owner/buyer wanting the unit for personal use. It’s worth noting that tenants being ‘renovicted’ retain the right to return after the renovations are done, at the same rent they would be paying if they hadn’t moved out (sections 50, 53, 54 of the Residential Tenancies Act). When a landlord/buyer or their family require personal use of the rental, that is a legitimate reason (property owners should have the right to live in their own property). However, the owner/buyer or their family must intend to live in the unit at least 1 year.
If a tenant believes they have been evicted for ‘renovations’ or ‘personal use’ on false grounds, they can submit a T5 to the Landlord and Tenant Board.
It’s important for property owners and tenants to know their legal obligations and rights. The Residential Tenancies Act and Tribunals Ontario, “How a Landlord Can End a Tenancy” are excellent sources of information, both available free online.
