When you are a landlord, dealing with difficult tenants can be a challenge One common issue landlords face is when a tenant signs an N11 agreement to voluntarily vacate the property by a specific date but then refuses to leave This can leave landlords feeling frustrated and stuck in a legal limbo So, what can landlords do in this situation?
The N11 agreement is a form used in Ontario to end a tenancy It is a mutual agreement between the landlord and tenant to terminate the tenancy on a specific date Once the N11 agreement is signed by both parties, it becomes a legally binding contract However, if the tenant refuses to leave after signing the agreement, it can become a complicated and stressful situation for the landlord.
There are a few steps landlords can take to deal with a tenant who has signed an N11 agreement but won’t leave:
1 Communicate Clearly: The first step is to communicate with the tenant in a clear and concise manner Remind them of the terms of the N11 agreement and the date by which they agreed to vacate the property Sometimes, tenants may have forgotten the agreement or may be experiencing difficulties in finding a new place to live By reminding them of the agreement and offering assistance in finding a new home, landlords can help facilitate the moving process.
2 Issue a Notice to Terminate Tenancy: If the tenant still refuses to leave after being reminded of the N11 agreement, landlords can issue a Notice to Terminate Tenancy This notice informs the tenant that they are in breach of the N11 agreement and have a specific period of time to vacate the property, typically 14 days tenant signed n11 but won t leave. If the tenant fails to comply with the notice, landlords can then apply to the Landlord and Tenant Board for an eviction order.
3 Seek Legal Advice: If the tenant continues to resist vacating the property, landlords may need to seek legal advice A lawyer can help guide landlords through the eviction process and ensure that all legal steps are followed correctly Evicting a tenant can be a complex and time-consuming process, so having a legal professional on your side can help protect your rights as a landlord.
4 File an Application to the Landlord and Tenant Board: If the tenant still refuses to leave after receiving a Notice to Terminate Tenancy, landlords can file an application to the Landlord and Tenant Board for an eviction order The Board will schedule a hearing to review the case and make a decision If the Board grants the eviction order, the tenant will be required to vacate the property by a specific date determined by the Board.
5 Enforce the Eviction Order: Once the Landlord and Tenant Board grants an eviction order, landlords can enforce the order with the help of the sheriff The sheriff will attend the property and oversee the physical removal of the tenant if necessary It is important for landlords to follow the proper legal procedures and not attempt to remove the tenant themselves, as this can lead to further legal complications.
Dealing with a tenant who has signed an N11 agreement but won’t leave can be a stressful and challenging situation for landlords By communicating clearly with the tenant, issuing a Notice to Terminate Tenancy, seeking legal advice, filing an application to the Landlord and Tenant Board, and enforcing the eviction order, landlords can navigate the eviction process successfully It is important for landlords to understand their rights and responsibilities under the Residential Tenancies Act and to seek professional help when necessary to protect their interests.