Pending Eviction Notice Template for Canada

A Pending Eviction Notice is a formal legal document used in Canadian jurisdictions to notify tenants of impending eviction proceedings. The document must comply with specific provincial residential tenancy laws and includes essential information such as the grounds for eviction, timeline for remedy or vacancy, and tenant rights under applicable law. It serves as a crucial step in the legal process of terminating a tenancy and must meet strict legal requirements for format, content, and delivery methods as specified by provincial legislation.

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What is a Pending Eviction Notice?

A Pending Eviction Notice is a critical legal document used in Canadian residential and commercial tenancy situations when a landlord intends to terminate a tenancy. This document must be used when seeking to evict a tenant for reasons such as non-payment of rent, lease violations, landlord's own use, or property renovation/demolition. The notice must strictly comply with provincial residential tenancy laws, which vary by province but generally require specific information about the grounds for eviction, timelines, and tenant rights. The document serves as the first formal step in the eviction process and must be properly served to the tenant according to provincial regulations. Important considerations include notice periods, which vary based on the reason for eviction and the jurisdiction, and the inclusion of all legally required information to ensure the notice is valid and enforceable.

What sections should be included in a Pending Eviction Notice?

1. Tenant Identification: Full legal names and contact details of all tenants on the lease

2. Property Details: Complete address and unit number of the rental property

3. Notice Date: Date the eviction notice is being issued

4. Grounds for Eviction: Clear statement of the legal reason(s) for eviction under applicable provincial law

5. Required Remedy or Vacation Date: Specific timeline for the tenant to either remedy the situation or vacate the property

6. Legal Rights Statement: Mandatory statement of tenant's legal rights and appeal process under provincial law

7. Landlord Information: Full legal name and contact information of the landlord or property manager

What sections are optional to include in a Pending Eviction Notice?

1. Payment Details: Include when eviction is due to non-payment of rent, showing amounts owed and payment instructions

2. Documentation of Violations: Include when eviction is due to lease violations, listing specific incidents with dates

3. Renovation/Demolition Details: Include when eviction is due to major renovations or demolition, with specific plans and permits

4. Previous Notices Referenced: Include when this notice follows previous warnings or notices

5. New Owner Information: Include when eviction is due to property sale and owner's own use

What schedules should be included in a Pending Eviction Notice?

1. Notice of Tenant Rights: Standard form explaining tenant rights and resources under provincial law

2. Photographic Evidence: Photos documenting lease violations or property conditions if relevant

3. Payment History: Detailed record of missed payments if eviction is rent-related

4. Previous Correspondence: Copies of previous notices or relevant communication

5. Supporting Documentation: Any additional evidence supporting the grounds for eviction (e.g., noise complaints, police reports)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Eviction Notice

Cost

Free to use

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