Rental and eviction laws vary by province, this is why it’s important to know about the specific laws in your province so you can be aware of your rights and responsibilities as a tenant. This knowledge is particularly important if you’ve received an eviction notice from your landlord—especially if you think it’s a wrongful eviction.
Ontario Residential Tenancies Act, 2006
Each province and territory has its own renting laws and regulations. In Ontario, this regulation is known as the Residential Tenancies Act, 2006.
The Residential Tenancies Act, 2006 provides protection to tenants from unlawful evictions and unlawful rent increases. It is a framework to regulate residential rents. It balances the rights and responsibilities of residential landlords and tenants. It also provides processes to adjudicate disputes between tenants and landlords.
What Happens If Your Landlord Wants To Evict You In Ontario?
The Residential Tenancies Act, 2006 outlines steps that your landlord must take in order to evict you.
Notice To End Your Tenancy
This document tells you when and why your landlord wants you to move out. The reason for eviction must be one of the reasons listed in the Residential Tenancies Act, 2006. You must be given an appropriate amount of notice before you are expected to move out.
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Application To End A Tenancy Or Application To Evict A Tenant
This document informs you that your landlord has submitted an application to the Landlord and Tenant Board to have you evicted. Your landlord also pays a fee to start the eviction process. This document does not mean that you have to move out. You can only be evicted after the Landlord and Tenant Board issues an eviction order following a hearing with you and your landlord.
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Notice Of Hearing
The Notice of Hearing tells you when and where your hearing will take place. It may be as soon as 5 days after you’ve received your Notice of Hearing. This hearing is where the Landlord and Tenant Board will decide whether to evict you or not. You can attend the hearing yourself or send someone to represent you, in which case you will have to give them written permission to do so. If you do not attend or are even a few minutes late, the Landlord and Tenant Board will likely decide to evict you.
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Order Of The Landlord And Tenant Board
This document outlines the Landlord and Tenant Board’s decision from the hearing. Both you and your landlord receive a copy of this document.
How Many Days Notice Must A Landlord Give You Before Eviction In Ontario?
Unless the reason for eviction is one of the exceptions listed below, your landlord must give you at least 60 days’ notice.
Eviction Notice Exceptions
There are several exceptions to the minimum amount of notice that your landlord must give you in order to evict you, depending on the reason for the eviction.
|Reason For Eviction||Notice Required|
|You owe rent||– 14 days if you pay your rent monthly|
– 7 days if you pay your rent weekly or daily
|You frequently paid your rent late||– 60 days if you pay your rent monthly|
– 28 days if you pay your rent weekly or daily
|You carelessly caused damage, disturbed other tenants in the building, broke the law, or ran an illegal business||– 20 days if it’s the first time|
– 14 days if it’s the second time in 6 months
|You were producing or selling an illegal drug or seriously risked other people’s safety||10 days|
|Your landlord, one of their family members, or a caregiver wants to move in and live there for at least a year||60 days|
|Your landlord is tearing down or repurposing the building||120 days|
What Are Wrongful Evictions And What Can You Do?
Written notice is not the only thing your landlord needs to evict you. You don’t have to move out unless your landlord applies for and receives an eviction order from the Landlord and Tenant Board. You also have the right to attend a hearing to explain why you should not be evicted.
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Types of Wrongful Evictions In Ontario
Just as your landlord has rights, you have tenancy rights. If you are evicted without the proper eviction procedure being followed or evicted for a non-approved reason, you have been wrongfully evicted.
If your landlord wants to use your unit for themselves or for their family or is selling the property, they must either give you the equivalent of one month’s rent or offer you another unit.
If your landlord wants to evict you from your unit to renovate, repair, or demolish it, your landlord must also compensate you. They must also give you the right of first refusal to move back into the unit once it’s been renovated.
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Your landlord must always act in good faith when evicting you for a reason that’s not your fault. This includes moving into or using your unit themselves and allowing you to move back into your unit after it is repaired. If they act in bad faith as determined by the Landlord and Tenant Board, they must pay you the difference of your old rent and your new rent for up to a one-year period. They must also pay you up to 12 months of your last rent and for reasonable out-of-pocket moving, storage, and other expenses.
Can You Stop Your Landlord From Evicting You?
Yes, you can stop your landlord from evicting you.
If you pay your landlord what they say you owe before the hearing, you can stop the eviction. Bringing a receipt to prove you paid what you owe to the hearing will get your landlord’s application to evict you stopped.
You may also be able to get help paying the rent from community organizations, such as homelessness prevention programs or rent banks.
If neither of these options work, you might be able to make an agreement with your landlord to stop or delay your eviction. You can either work out an agreement directly with your landlord or with a Landlord and Tenant Board mediator.
Frequently Asked Questions
What happens if I can’t stop the eviction?
How long do I have to move my belongings if I’m unable to stop an eviction order?
What happens during an eviction hearing in Ontario?
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The Residential Tenancies Act, 2006 outlines some requirements for you to be evicted by your landlord. Besides a valid reason as listed in this act, you must also be given sufficient notice and appropriate documentation. You are only expected to move out if an eviction order has been issued by the Landlord and Tenant Board following a hearing with you and your landlord.