Landlord/tenant rights, dealing with problems, where to get help...
Eviction Notice - Options?
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ForumUser Posts: 539
Posted On: 5/12/2016
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My landlord has given me a letter in which I am being told that I will be issued an N5 eviction notice. They have not actually issued the eviction order yet. They claim that I am a hoarder, but I am not.
There was clutter. What should I do at this point?
Is the landlord obligated to give me some time to tidy up?
If they issue the N5 eviction order, what should I do then?
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Moderator Moderator Posts: 4075
Posted On: 5/13/2016
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
You can find some helpful information regarding eviction notices in this Landlord and Tenant Board - How a Landlord Can End a Tenancy guide.
Here are some excerpts,
If the landlord gives a tenant notice to end the tenancy, the tenant does not have to move out. The landlord must apply to the Landlord and Tenant Board (the Board) for an order allowing the eviction of the tenant. The tenant has the right to go to a hearing and explain why they should not be evicted.
and
At the hearing, a landlord will have to prove that the tenant should be evicted. The tenant can go to the hearing to explain why they should not be evicted, even if they have done something that is a reason for eviction.
Even though a landlord proves their case in an application to evict a tenant, the Board must consider all the circumstances of each case to decide whether or not the eviction should be refused or delayed.
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If a tenant doesn’t leave the rental unit by the termination date in the eviction order, a landlord cannot personally enforce the order (remove a tenant from a rental unit or change the locks). See the section called Landlord cannot lock tenant out of the rental unit on page 2 for more information. An eviction order can only be enforced by the Court Enforcement Office (the “Sheriff’s Office”).
The Board does not enforce an order. The landlord must file a copy of the Board order with the Sheriff’s Office to have the order enforced. The Sheriff’s Office will charge the landlord a fee for the enforcement of the order. Further information about enforcement can be obtained from the Sheriff’s Office.
We strongly suggest that you contact the nearest Community Legal Clinic for some information regarding what your rights and obligations are in this situation.
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
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