When it comes to renting out property, there are times when things don’t go as planned One such situation is when a tenant signs an N11 form, agreeing to move out by a certain date, but then fails to vacate the premises This can be frustrating for landlords who are looking to regain possession of their property So, what can you do when faced with a tenant who signed an N11 form but won’t leave?
Firstly, it’s important to understand what an N11 form is In Ontario, Canada, an N11 form is a mutual agreement to end a tenancy Both the landlord and tenant must sign this form, which sets out the terms of the agreement, including the move-out date Once signed, the tenant is legally obligated to vacate the property by the specified date.
If a tenant has signed an N11 form but refuses to leave, the landlord’s next steps will depend on the specific circumstances of the case Here are some possible courses of action:
1 Negotiation: The first step should always be to try and resolve the situation amicably You can try talking to the tenant to understand their reasons for not leaving and see if a compromise can be reached It’s possible that the tenant may have encountered unforeseen circumstances that are preventing them from moving out on time By being open to negotiation, you may be able to come to a mutually agreeable solution.
2 Serve a Notice to End Tenancy: If negotiations fail, you may need to take more formal legal action tenant signed n11 but won t leave. In Ontario, landlords can serve a Notice to End Tenancy on a tenant who has failed to vacate the property after signing an N11 form This notice gives the tenant a specific period of time to move out, typically 30 days If the tenant still refuses to leave after receiving the notice, you may need to file an application with the Landlord and Tenant Board (LTB) for an eviction order.
3 File an Application for an Eviction Order: If the tenant continues to ignore the Notice to End Tenancy, you can file an application with the LTB for an eviction order You will need to provide evidence that the tenant signed an N11 form but failed to vacate the property as agreed The LTB will review the case and, if satisfied, will issue an eviction order requiring the tenant to leave within a specified period.
4 Enforce the Eviction Order: If the tenant still refuses to leave after receiving the eviction order, you may need to take further legal action to enforce it This could involve hiring a bailiff to physically remove the tenant from the property It’s important to follow the correct legal procedures when enforcing an eviction order to avoid any potential legal issues.
Dealing with a tenant who signed an N11 form but won’t leave can be a challenging and stressful situation for landlords However, it’s important to remain calm and follow the proper legal processes to resolve the issue By negotiating with the tenant, serving a Notice to End Tenancy, filing an application for an eviction order, and enforcing the order if necessary, you can take the necessary steps to regain possession of your property Remember to seek legal advice if you’re unsure of the proper procedures to follow in your specific case.