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Pardon Partners – Landlord TOP Banner ALLPardon Partners – Landlord TOP Banner ALL

Empire LLD/TNT Top ONEmpire LLD/TNT Top ON

What to do if your landlord wants to evict you

Region: 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.

These procedures can be quite complicated. For further information, visit the Landlord and Tenant Board.

A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-844-888-0442 .

For legal advice and assistance with residential tenancies and eviction applications, contact our preferred Landlord and Tenant experts:

Caryma Sa'd, Lawyer & Notary Public

AJ Murray Legal Services   (Ottawa and surrounding area)

Nicola (Nick) Giannantonio Legal Sevices

NG Legal Services Landlord and Tenant ONNG Legal Services Landlord and Tenant ON

Empire LLD/TNT Bottom ONEmpire LLD/TNT Bottom ON

4Pillars Landlord & Tenant Ontario All Topics May 20184Pillars Landlord & Tenant Ontario All Topics May 2018

Pardon Partners – Landlord ONPardon Partners – Landlord ON


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