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You
can't afford the legal exposure of having a tenant put you, your family
or other tenants at risk. The Residential Tenancies Act allows
Landlords to serve notices and file applications to evict tenants if
they are committing illegal acts or impairing the safety of themselves
or others.
These
are complex applications, and the threshold of proof is somewhat higher
when the claim is that the tenant committed an illegal act.
There
are tricky requirements regarding the notice of termination, both with
respect to timing and content. Dates and times of events are required in
order for the Board to find that the notice is valid.
Recent
decisions at the Divisional Court in Ontario on appeals from Board decisions, have broadened the Member's jurisdiction to look at many
factors, including the Human Rights Code and disabilities the tenant
might have. You need someone with experience arguing the
Code,
and someone familiar with the case law surrounding illegal acts and
impairment of safety.
We
will interview witnesses and prepare for the case meticulously,
maximizing your odds for success. Notices must be filled out
properly and in accordance with recent Court decisions, otherwise the
notices will be deemed to be defective, and your application will
fail. See us first if tenant problems arise.
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