Tenants have the right to file lawsuits against landlords if they feel they’re being unlawfully evicted. Most of these cases end up in a small claims court with a judge making the final ruling.
What is wrongful eviction in Ontario?
It is an offence under the Residential Tenancies Act for a landlord to knowingly end a tenancy by giving notice in bad faith. A conviction for this offence can result in a fine of up to $25,000 for an individual. There are approximately 1.2 million private rental households in Ontario.
Can a tenant sue a landlord in Ontario?
Usually you can sue for property damage, some landlord/tenant disputes, broken verbal or written contracts, bad cheques, unpaid artist fees, or the collection of personal debts.
What to do if wrongly evicted?
A tenant who is illegally evicted can either sue the landlord (either in civil court or small claims court) or use the illegal eviction as a defense or countersuit to an eviction lawsuit.
How much can I sue my landlord for Ontario?
Under the Residential Tenancies Act, all claims under $25,000 must be heard by the Board. Claims over $25,000 may proceed in the Superior Court of Justice; however, the Residential Tenancies Act imposes a one-year limitation period for the commencement of such a lawsuit.
How do I fight an eviction notice in Ontario?
1. The tenant is required to fill out a form called a Motion to Set Aside an Ex Parte Order and submit it to the Landlord and Tenant Board office within 10 days from when the Order was issued. This 10-day period includes weekends and holidays. Once this form is filed, the Board will schedule a new hearing date.
Can a landlord just kick you out in Ontario?
Landlord must give proper notice
A landlord can only end a tenancy for one of the reasons allowed by the Act. In most cases, the first step is for the landlord to give the tenant a notice in writing that they want the tenant to move out.
How do I file a complaint against a landlord in Ontario?
TO: Complaints
- If you have a complaint about your landlord or your tenant, contact the Landlord and Tenant Board at 1-888-332-3234 or visit TribunalsOntario.ca/ltb.
- If you have a human rights complaint, contact the Human Rights Tribunal of Ontario at 1-866-598-0322 or visit TribunalsOntario.ca/hrto.
Can I make a claim against my landlord?
You can make a formal complaint by writing a letter to your landlord. Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. Talk to an adviser at your nearest Citizens Advice to find out what rights you have.
What a landlord Cannot do Ontario?
Landlords cannot impose repayment agreements on tenants, and tenants cannot be evicted for refusing a rent repayment plan. It’s an offence under the Residential Tenancies Act, 2006 for a landlord to harass or threaten a tenant to get them to move out.
How do you get around an eviction?
Tips for Renting After Eviction
- Understand your situation.
- Talk to your previous landlord.
- Try an apartment locator.
- Find a landlord that doesn’t do background checks.
- Get references.
- Seek a co-signer.
- Stay on top of your credit.
- Be honest.
What is a no fault eviction?
Section 21 enables private landlords to repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant. Hence it is sometimes referred to as the ‘no-fault’ ground for eviction.
Can my landlord evict me for no reason?
They don’t have to give you any reasons why they want to evict you. They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don’t leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.
Can I sue a landlord for emotional distress in Ontario?
Yes, it’s possible to sue for emotional distress in Canada. You do need to provide sufficient information.
How long does it take to evict a tenant in Ontario?
Average Length of Evicting a Tenant in Ontario
Overall, the process can take 85 – 138 days after providing the tenant with an eviction notice. However, it can take up to 168 days if you need to remove the tenant forcefully.
What kind of damages can you sue for in Small Claims Court Ontario?
If believe you are owed money for the return of personal property, you can sue that person or business in Small Claims Court for $35,000 or less.
You can sue for claims for damages, such as:
- property damage.
- clothes damaged by a dry cleaner.
- personal injuries.
- breach of contract.
Can I refuse to be evicted?
If a possession order is granted, you can not be forced to leave your property before the bailiffs arrive. Rules around evictions are complicated. The period of written notice will vary depending on your tenancy agreement. There are some types of tenancy where a court order is not required.
What is considered landlord harassment in Ontario?
Harassment. Under the Residential Tenancies Act, 2006 it is an offence: for a landlord (or someone acting on behalf of a landlord) to do things that would interfere with a tenant’s ability to enjoy living in their rental unit. to threaten, interfere with, or harass a tenant to move out of a rental unit.
How much notice is required to evict a tenant in Ontario?
Landlords are required to give their tenant at least 60 days written notice to the end of the term or rent period using the Landlord and Tenant Board Form N12.
How do I cancel an eviction order in Ontario?
You need to apply to the Board to void the eviction order. Fill in a form called Tenant’s Affidavit and Motion to Void an Eviction Order for Arrears of Rent. You can get the form online from the Board’s website at www.sjto.gov.on.ca/ltb or you can pick it up at a Board office or at your local Service Ontario Centre.
Can a tenant refuse to move out Ontario?
Not required: A tenant does not have to move out. Landlord Requirements : A landlord must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N4). If accepted, a landlord’s application for eviction will prompt a hearing.