Can a Condo Board Evict a Tenant in Ontario? Know the Facts

• 
• 

LIfe in a condo means low-maintenance living, convenience, and access to a community. It also means having to abide by the condo’s rules and regulations, which are established and enforced by the ruling condo board. If those rules are broken, condo boards can take action to mitigate the situation. But how far can they go and can a condo board evict a tenant in Ontario? 

With over 1.7 million Ontario residents choosing to call a condo unit home, understanding the rights and responsibilities of both tenants and condo boards is crucial. 

In this blog, we will answer if a condo board can evict a renter or owner from their condo, explore the processes involved, and what tenants and owners need to know to ensure harmony between themselves and their condo corporation.

 

Can a Condo Board Evict a Tenant?

No, according to the Condominium Authority of Ontario (CAO), a condo board does not have the power to evict a tenant or owner from a condo. Only the Landlord and Tenant Board (LTB) has the power to evict a tenant or renter from a home.

However, that doesn’t mean a condo board is completely powerless; they can enforce the condominium’s governing documents and take legal action to ensure compliance – which can eventually result in the eviction of a tenant. 

A Condo Board’s Role in an Eviction 

If a tenant violates the condominium’s governing rules, the condo board can request the landlord to issue a notice to the tenant and, if necessary, apply to the LTB for an eviction order.

For instance, let’s say a person buys a condo in a Toronto highrise as an investment property and rents the property to tenants. If the tenant repeatedly disregards a condo rule, perhaps by violating the condo’s noise restrictions, the condo board might receive multiple complaints from other residents. 

The condo board can then notify the landlord (the person who purchased the condo as an investment) of these violations and request that they address the issue with the tenant. 

If the tenant continues to ignore the noise regulations, the condo board can further press the landlord to take legal action and may even penalize the condo owner with financial penalties or even legal action.

Consequently, if the owner cannot resolve the issue with their tenants, they can apply to Ontario’s Landlord and Tenant Board (LTB) for an eviction order. The LTB, upon reviewing the case, may then issue an eviction order, which the sheriff would enforce, ultimately leading to the tenant’s removal from the property.

Who Has the Power to Evict a Tenant from a Condominium?

In Ontario, the ability to evict a tenant from a condominium primarily rests with the landlord, but is ultimately the responsibility of the LTB. A landlord cannot evict a tenant without approval from the LTB.

However, this process involves several key steps and authorities that involve:

1. Landlord: The landlord has the authority to initiate the eviction process if the tenant violates the terms of the tenancy agreement, the Condominium Act, or the condominium corporation’s governing documents.
2. LTB: The landlord must apply to the LTB to obtain an eviction order. The LTB is responsible for hearing the case and deciding whether an eviction is justified based on the evidence and circumstances presented.
3. Condominium board: While the condo board itself does not have the direct power to evict a tenant, it can enforce compliance with the condominium’s governing documents. If a tenant violates these rules, the condo board can request the landlord to take action, which may include initiating eviction proceedings.
4. Sheriff: Once the LTB issues an eviction order, the sheriff is responsible for enforcing the eviction and ensuring that the tenant vacates the property.

When trying to evict a tenant from a condo, it is the landlord, not the condo board who can initiate the eviction process. 

The LTB adjudicates over the situation and approves or denies an eviction request. If approved, the LTB issues the eviction order, and the sheriff enforces it. 

The condo board plays a supportive role by monitoring tenants for compliance with their corporation’s governing documents and can request the landlord to take action if necessary.

Can a Condo Board Evict an Owner in Ontario?

In Ontario, a condo board does not have the direct power to evict a unit owner from a condominium. However, the board can take legal actions to enforce compliance with the condominium’s governing documents, which can indirectly lead to significant consequences for the owner, including forced sale under certain circumstances. 

Here are the key points:

1. Compliance with governing documents: All unit owners must comply with the condominium corporation’s declaration, by-laws, and rules. If a unit owner violates these documents, the condominium board can take legal action to enforce compliance .
2. Legal Action: The condominium corporation can file an application with the Condominium Authority Tribunal (CAT) or take the matter to court if the owner is in serious violation of the governing documents .
3. Forced Sale: In extreme cases where the owner repeatedly violates the governing documents or fails to comply with court orders, the condominium corporation may seek a court order to force the sale of the unit. This is usually a last resort and involves a legal process that must be followed .

As you can see, while a condo board cannot directly evict a unit owner, it can initiate legal proceedings that may result in the forced sale of the unit if the owner fails to comply with the condominium’s governing documents.

How a Condo Board Can Evict an Owner From The Corporation

If a condo board has issues with an owner, there are steps they can take that can have financial and legal consequences. For instance , if a condo owner falls behind in paying their condo fees, fines, and special levies, the condominium corporation has the legal right to take steps to recover the amounts owed – including taking possession of the unit.

Here’s how this process generally works:

1. Lien on the property: The condominium corporation can register a lien against the owner’s unit for unpaid common expenses, including condo fees, fines, and special levies. This lien must be registered within three months of the default.
2. Notice of lien: Before registering a lien, the condominium corporation must give the owner at least 10 days’ written notice, specifying the amounts owed and indicating that a lien will be registered if the debt is not paid.
3. Power of sale: If the lien is registered and the owner still does not pay the amounts owed, the condominium corporation can enforce the lien by initiating a power of sale process. This involves selling the unit to recover the debt.
4. Court proceedings: In some cases, the condominium corporation may need to go to court to obtain an order for possession of the unit. However, this is usually a last resort, and the power of sale process is more commonly used.

While the condo board itself does not take possession of the property directly, it can initiate legal proceedings that can lead to the sale of the unit to recover the unpaid amounts. The process typically involves registering a lien and potentially selling the unit under the power of sale if the debt remains unpaid.

A Summary of a Condo Board’s Role in the Eviction of a Tenant or Owner

	Eviction Processes of a Tenant	Eviction Processes of an Owner
Directly Evict	No, the board cannot directly evict a tenant.	No, the board cannot directly evict an owner.
Enforce Governing Documents	Yes, a board can request the landlord to enforce compliance with governing documents.	Yes, a board can enforce compliance with governing documents.
Initiate Legal Action	A board can request the landlord to issue notices and request they apply to the Landlord and Tenant Board for eviction.	A board can take legal action through the Condominium Authority Tribunal (CAT) or courts for serious violations.
Register a Lien	Not applicable to tenants, but may occur if a landlord doesn’t resolve issues caused by their tenants.	Can register a lien against the unit for unpaid common expenses, fines, and special levies.
Initiate Power of Sale	Not applicable to tenants, but may occur if a landlord doesn’t resolve issues caused by their tenants.	Can enforce the lien by initiating a power of sale process to recover unpaid amounts.
Court Proceedings for Possession	Not applicable to tenants, but may occur if a landlord doesn’t resolve issues caused by their tenants.	In rare cases, can seek a court order for possession of the unit if the owner fails to pay debts.

How A Property Management Company Can Help Condo Board’s Manage Tenant Relations

A property management company, such as ICC® Property Management, can act as a crucial intermediary in a condo’s community relationships, ensuring that condo boards enforce governing documents efficiently and address tenant issues promptly. 

We can provide expertise in handling disputes to prevent them from escalating, or if necessary, guide landlords through the eviction process.

Our team has more than 3 decades of experience in property management – we know how important it is to help maintain harmony within the condo community and issue recommendations based on the current Ontario regulations.

To learn more about how we can help, contact us.