Manual

An eviction is a legal process that a property owner must follow in order to get you to move out. If a property owner does not follow the legal process, the eviction is not legal. See Section 37 of the RTA.

A property owner cannot force you to move out of your apartment without a valid reason. (See Section 58 to 67 of the RTA for a full list of the reasons for eviction). A property owner can only evict you for these reasons:

· Non-payment of rent

· Persistent late payment of rent

· Landlord’s own use, including immediate family and caregivers

· Occupation by a purchaser (in small buildings and condominiums)

Text Box: NOTE
If the property manager has illegally locked you out, you can call the Tenant Hotline at 416-921-9494 or call the Ministry of Municipal Affairs and Housing’s Investigations and Enforcement Team at 1-888-772-9277

· Illegal act

· Misrepresentation of income

· Damage

· Interference with reasonable enjoyment

· Impairment of safety

· Overcrowding

· Demolition, conversion or renovation

Each reason for eviction has different rules attached to it. In some cases you may be able to remedy the situation and stop the eviction before you go to a hearing. These kinds of evictions can be remedied before they go to a hearing:

· Non-Payment of Rent

Remedy: You may pay your rent within 14 days of receiving the notice

· Damage

Remedy: You have 7 days to fix the damage or pay for the cost of repair

· Interference with Reasonable Enjoyment

Remedy: You have 7 days to stop the offending behaviour

· Overcrowding

Remedy: You have 7 days to reduce the number of people

In the first step to an eviction, a property owner must give you a Notice of Termination. The Notice must tell you the reason that you are being asked to move out and give you a date of termination. You do not have to move out when you receive this notice.

If the property owner gives you a Notice of Termination and the time to remedy the situation has passed, they may apply for an eviction at the Landlord and Tenant Board. The Landlord and Tenant Board will then mail you a Notice telling you that an eviction application has been filed against you. The property owner must also serve you with a Notice of Hearing and a copy of their eviction application. The Notice of Hearing will tell you the time and place of your hearing.

It is very important that you attend your hearing! If you can’t attend your hearing, get legal help because the hearing may still go on without you. You can have a friend or legal representative go and request a new hearing date, but the Board could refuse the request.

At the hearing, you will be given the option to use the Mediation services available through the Landlord and Tenant Board. If you and the property owner choose Mediation, you do not give up your right to a hearing. You can always stop the Mediation process and choose to have a hearing instead. If you reach an agreement in Mediation, you will not have a hearing, but you cannot appeal the settlement.

If there is no agreement, your case will be heard by a Member of the Landlord and Tenant Board, and the Member will make a decision about your case. This decision will be written down as an Order and you will get a copy of it in the mail.

If you receive an eviction order from the Landlord and Tenant Board stating that you must move out, only the Sheriff can physically remove you from the property. After the Sheriff has executed the eviction order, you have 72 hours to retrieve your possessions. A property owner must arrange a reasonable time and location for you to get your belongings. After that, everything in the apartment becomes the property of the property owner.

We are currently testing this online version of the Tenant Survival Manual: If you notice something that needs to be clarified; if you want more information on a particular subject; or if you simply would like to comment on the Tenant Survival Manual, please click here to send us an email.