Problems with non-payment of rent affect all provinces. But it is the way in which evictions are resorted to and the way in which financial losses are limited that differ.
In March 2024, more than 30,000 rental housing owners in Ontario signed a petition calling on the government to facilitate evictions for non-payment of rent. (1)
The petition, titled "We Demand Automatic Eviction Orders for Non-Payment of Residential Rent," proposes a system similar to the one in place in British Columbia, where landlords can easily obtain an eviction order without a hearing in cases where the notice is not contested.
In 2022-2023, the Landlord and Tenant Board (LTB) received more than 37,000 requests to evict tenants for non-payment of rent, more than half of all requests from landlords.
Just like in Québec, claims for non-payment of rent are close to half of the type of file: in 2022-2023, 38,866 cases for non-payment representing 49.35%. (2)
In both Ontario and Québec, you have to attend a hearing to evict a tenant for non-payment. However, a judgement on the simple presentation of evidence should be possible when the tenant does not contest.
It can also be seen that even though it is easier (no need for a hearing) to evict a tenant in British Columbia, some tenants will still look for an opportunity to substitute for their obligations. A B.C. tenant managed to avoid paying rent for many years to 8 landlords. (3) Colleen June Clancy allegedly escaped paying her rent between 2018 and 2023, according to a document from the Residential Tenancy Branch (RTB) last December. Despite eviction notices, she managed not to pay between 2018 and 2023, and failed to reimburse the landlords for two judgements against her. Clancy was required to pay the fine by Feb. 29 and provide a repayment schedule for the remainder, according to the ruling.
What about British Columbia? (4) In British Columbia, if a tenant has not paid rent, the landlord can give the tenant 10 days' notice to end the tenancy. The tenant then has five days to pay the amount or ask the province's BC Residential Tenancy Branch to contest the notice. If the tenant does neither, then the landlord can apply for a possession order without a hearing.
Texte du BC Residential Tenancy Branch (disponible en anglais uniquement)
Landlord's notice: non-payment of rent
46 (1) A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives the notice.
(2) A notice under this section must comply with section 52 form and content of notice to end tenancy.
(3) A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under this Act to deduct from rent.
(4) Within 5 days after receiving a notice under this section, the tenant may
(a)pay the overdue rent, in which case the notice has no effect, or
(b)dispute the notice by making an application for dispute resolution.
(5) If a tenant who has received a notice under this section does not pay the rent or make an application for dispute resolution in accordance with subsection (4), the tenant
(a)is conclusively presumed to have accepted that the tenancy ends on the effective date of the notice, and
(b)must vacate the rental unit to which the notice relates by that date.
(6) If
(a) a tenancy agreement requires the tenant to pay utility charges to the landlord, and
(b) the utility charges are unpaid more than 30 days after the tenant is given a written demand for payment of them, the landlord may treat the unpaid utility charges as unpaid rent and may give notice under this section.
(1) https://ici.radio-canada.ca/nouvelle/2059629/proprietaire-ontario-logement-paiement-location-crise
(2) https://www.tal.gouv.qc.ca/sites/default/files/Rapport_annuel_2022-2023.pdf
(3) https://www.journaldequebec.com/2024/03/13/pres-de-50-000--a-verser-pincee-pour-des-loyers-impayes-a-huit-proprietaires
(4) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_02078_01#section46