Tenants - Frequently Asked Questions - Evictions

This page offers answers to questions most frequently asked by our clients.  You can also visit the Advocacy Centre for Tenants Ontario (ACTO) site for a list of tip sheets for tenants or the Landlord and Tenant Board, which has an FAQ section and many brochures.

View our Tenant tip sheets:


View our FAQ's on:

  1. Moving In

  2. During the Tenancy

  3. Moving Out

  4. Evictions

  5. Tenant Applications Against the Landlord

  6. Hearings


EVICTIONS

Q:   For what reasons can my landlord evict me?

A:   The reason for eviction must be one of the things set out in the Residential Tenancies Act. These include:

• You gave notice to leave and did not move out

• You didn’t pay your rent

• You are doing something illegal or unsafe in your rental unit

• You damaged the unit or substantially interfered with your landlord’s reasonable enjoyment of the unit

• Your landlord wants to move in to your unit

• Your landlord is demolishing the unit or doing significant repairs that require you to move out

 

You can be evicted for some other special circumstances if you are a superintendent or if you live in geared-to-income housing.

 

Q:   What is the procedure for eviction?

A:   The landlord must give you a Notice of Termination telling you what the problem is. If you do not correct the problem or do not move out, the landlord can file an application with the Landlord and Tenant Board and a hearing will take place. If the Board issues an eviction Order, it will tell you when to leave. If you stay, the landlord can file the order with the Court Enforcement Office which will send the Sheriff to evict you.

 

Q:   How will I know if an application has been filed against me?

A:   Your landlord must give you a copy of the application and a copy of the Notice of Hearing that tells you when and where the hearing will be.

 

Q:   Can I be evicted without a hearing?

A:    Yes, for some applications. Most applications require a hearing and you should always attend.

 

Q:   Can I be evicted in the winter?

A:    Yes.

 

Q:   Can my landlord evict me because I have a pet?

A:   Yes, if the pet is dangerous or causes an allergic reaction or disturbance. You cannot be evicted simply for having a pet.

 

Q:   Can I be evicted for a problem caused by my roommate or my guest?

A:   Yes. But the landlord must give you the proper notices and prove the case at the Landlord and Tenant Board.

 

Q:   What can I do if the landlord gives me a Notice of Termination?

A:   You can talk to their landlord about the notice and try to correct the problem. You can leave the unit as demanded in a notice. You can stay in the unit and defend any application filed at the Landlord and Tenant Board.

 

Q:   If I didn’t give notice that I was leaving, but the landlord believes that I have left, can the landlord change the locks and re-rent the unit?

A:   If the landlord believes that you have abandoned the rental unit then the landlord may apply to the Landlord and Tenant Board for an order ending the tenancy.

 

Q:   What about things I left in the unit after I was evicted?

A:    If the sheriff changes the locks on your unit you have 72 hours to make arrangements to get your things out.

 

   

Information for Tenants:

 

 The Law

 

 

 Tenant FAQ's

 

 

 Tenant Links

 

If you are a landlord, visit our page for Landlords.

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