Eviction for renovations major renovation

6 Replies

Hey everyone just looking for advice, I am planning a renovation project in Feburary and just gave my Tennent 3 months notice to evict as it will be a total gut job, however they are not complying and we may run into issues. What do you do on the situation when you have given notice, say they refuse to acknowledge receipt for the notice and do not leave, say time comes on the construction start date and they are still there what can I legally do? Should I bring the police to remove them ? Just looking for advice for people who have had tough time evicting.

Regards Elwood

I don't know what the laws in Canada are, but I can tell you in Illinois you can't just evict someone even if you have every right to evict them.  Most jurisdictions in the United States require that the tenant be properly evicted by order of the Court to make sure that things stay peaceful.

If they refuse to acknowledge receipt of the notice, send it again, and hire a private investigator to both send it and make an affidavit of service.  That's how we do it in Chicago, especially with pesky Tenants who would never open the door to a squad car coming to deliver some "Get out papers."

Hate to tell you this, but you probably need to call an attorney in the area that the property is located.  It's very inexpensive to evict a tenant, and sometimes I can't even believe my own bills to do it are so small.  You get a world of protection if you do this the right way, from having your insurance be more receptive to covering tenant damages, to having the police more easily remove the problem tenants, to having the sheriff pull out the crummy property they left behind and billing it to the tenants for the removal.

Good luck!

Hi Curtis, You will have to see what the by-laws are for Montreal, as the eviction process is different in each province. In Ontario, if someone refuses to move out, they can file with the landlord tenant board and basically stay there for months without paying...May I suggest you go and talk to them to find out what their issue is? Perhaps it is a money issue (ie in Toronto, there is rent control so anyone looking for a place now is paying 50% more in rent compared to 2 years ago). I am assuming they have been good tenants up until this point (ie paying rent on time, etc). It may be in your interest to offer them a monetary incentive to move/cover their moving cost/etc. This option will be better than filing evictions, hiring sheriffs, headaches and potentially having them live there for months. Good luck. 

Originally posted by @Curtis Sharpe :

Hey everyone just looking for advice, I am planning a renovation project in Feburary and just gave my Tennent 3 months notice to evict as it will be a total gut job, however they are not complying and we may run into issues. What do you do on the situation when you have given notice, say they refuse to acknowledge receipt for the notice and do not leave, say time comes on the construction start date and they are still there what can I legally do? Should I bring the police to remove them ? Just looking for advice for people who have had tough time evicting.

Regards Elwood

 

This is happening widespread in Toronto with the wrong intentions. Landlords are claiming that they want to renovict but what they really want is to find another tenant to jack up the rent more then the "regulated" 2%..