Can I evict a Tenant for Violence?

[el_davey]

Hi.

I have a 2 unit property and the upstairs tenants are constantly fighting.

This evening the basement tenant called the cops because they heard screaming and knocked on the door to find the girl covered in blood, holding a knife.

She had stabbed her boyfriend.

The basement tenants are scared for their safety as they have an 8 year old daughter living in the house.

What am I legally allowed to do?.

Can I evict the upstairs people, file a restraining order against one of them?

I have a responsibility to provide a safe living environment for my downstairs tenant.

dave

[SettlementOrgMod]

Hello Dave,

Thank you for sharing this situation with us.

We can appreciate that you would be concerned about this situation and the safety of your tenants.

According to the Landlord and Tenant Board - A GUIDE TO THE RESIDENTIAL TENANCIES ACT section,

Ending a tenancy by the landlord

A landlord can end a tenancy only for the reasons allowed by the Act.

The first step is for the landlord to give the tenant notice in writing that they want the tenant to move out. The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board.

If the tenant does not move out after receiving the notice, the landlord can ask the Board to end the tenancy by filing an application. The Board will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can come to the hearing and explain their side to a Member of the Board.

The Act allows a landlord to give a tenant notice if the tenant, the tenant’s guest or someone else who lives in the rental unit either does something they should not do, or does not do something they should. For example:

• not paying the rent in full,
• persistently paying the rent late,
• causing damage to the rental property,
• illegal activity,
• affecting the safety of others,
• disturbing the enjoyment of other tenants or the landlord,
• allowing too many people to live in the rental unit (“overcrowding”),
• not reporting income in subsidized housing.

In some cases, a landlord can give a tenant notice based on the presence or conduct of a pet the tenant is keeping, such as where a pet causes damage to the rental property.

It may also be best to contact the Landlord’s Self-Help Centre directly for some additional information specific to your situation. The Landlord’s Self-Help Centre is a non-profit community legal clinic which supports Ontario’s small-scale landlord community exclusively.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org