Area of Law: Landlord and Tenant
Answer # 443
What to do if your landlord wants to evict youRegion: Ontario Answer # 443
Notice of Termination of Tenancy
If a tenant receives a Notice to terminate the tenancy, called a Notice of Termination, from the landlord, it means that the landlord wishes the tenant to move out. The Notice must state why they are being told to leave and give the date of termination. Depending on the reason for termination, the landlord must wait a specified number of days after giving notice, in order to give the tenant time to either correct the problem, or move out.
The first thing a tenant should do when they receive a Notice of Termination is read it carefully to see why and when the landlord is asking them to leave. They then have a number of options. The tenant can:
- talk to the landlord about the notice and correct the problem if the Notice was given because the landlord believes the tenant did something wrong;
- leave the unit as requested by the landlord; or
- stay in the unit and see if the landlord files an application with the Board.
If the tenant does not correct the problem or move out, the landlord can then apply to the Landlord and Tenant Board for an Eviction Order. To do this, the landlord must file an Application with the Board. A hearing date will then be set. The landlord must then deliver the Application and the Notice of Hearing to the tenant.
How to fight an eviction application
If a tenant receives an Application to Terminate a Tenancy and Evict a Tenant, and a Notice of Hearing, they must attend the hearing to avoid being evicted from their home. At the hearing, the Board will hear evidence from both the landlord and the tenant. Documents that are relevant to the case should also be brought to the hearing.
What if the Board issues an Eviction Order?
If the Board orders the eviction, it will specify the exact date by which the tenant must vacate the premises, and may include an order that the tenant pay arrears of rent owing (if applicable). In rare cases, where a litigant (or their legal counsel) is disruptive, abusive or disrespectful, and causes delays or disruptions to the process, the Board has the authority to order them to pay the other party’s legal costs.
If the tenant disagrees with the Board’s decision, they may be able to dispute it. Depending on the tenant’s situation, they may be able to:
- File a motion to set-aside the Eviction Order;
- Request a review because of a serious error; or
- Appeal the Board’s decision to the courts because of a legal error.
The tenant may also be able to request an amendment because the Order contains a clerical error, although such errors will not be significant enough to set-aside the Eviction Order.
Tenant claims against landlords
Termination in Bad Faith: A tenant can file a T5 Application – Landlord Gave a Notice of Termination in Bad Faith asking the LTB to order a landlord to pay them up to 12 months’ rent in compensation, and they do not need to have incurred any actual expenses to make this claim.
Evicted for landlord’s personal use: A tenant can file a T5 application claiming that the landlord served a N12 notice (for own use/purchaser’s own use) in bad faith and failed to move into the unit after the tenant vacated, and can claim compensation equivalent to as much as 12 months’ rent.
Eviction for renovations/repairs: If a tenant is evicted because the landlord intends to do major repairs (N13 notice), the tenant has the right to move back when the repairs are completed if they have given the landlord written notice. The tenant can file a T5 application up-to 2 years after they moved out, if the landlord has not allowed the tenant to move back in.
These procedures can be quite complicated. For further information, visit the Landlord and Tenant Board.
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