What To Do If Your Landlord Threatens Eviction

You can find it a very stressful experience when your landlord threatens eviction Ontario.

The majority of tenants believe that they must move within the time of receiving a warning or a notice. The Ontario law, in fact, has high protection for renters. 

The removal of a tenant by a landlord cannot be done without undergoing legal proceedings in the Landlord and Tenant Board (LTB). 

The way to avoid illegal evictions and be able to respond to them is to know your rights and where to seek eviction assistance Ontario.

What Does Threat of Eviction Really Mean?

In other cases, landlords may apply verbal warnings or messages to pressure tenants. A threat does not however imply either legal or immediate eviction.

Residential eviction in Ontario should be done through a formal process as per the Residential tenancies act (RTA). 

They have to be initially notified in writing by the landlords and permission sought with the Landlord and Tenant Board.

Common examples in which landlords have served eviction notices are:

• Non-payment of rent

• Property damage

• Stealing, thievery, or trespass to the premises

• Moving into the unit by the landlord

• Large remodeling of vacancy

In such cases, the tenants still tend to get time before being evicted to fix the situation or to redress what has taken place.

Your Legal Rights as a Tenant.

The Ontario law has significant protection for tenants. In case the landlord threatens eviction Ontario, it is important to bear in mind that the landlord is not allowed to kick you out without an official LTB order.

Your key rights include:

Right to an Adequate written warning

The legal notice form should be N4 (non-payment) or N12 (landlord use), which should be provided by a landlord.

Right to a hearing

The tenants are allowed to give their case at the Landlord and Tenant Board before eviction occurs.

Right to stay until a decision is made

The tenants can stay in the property until eviction order is issued by the LTB.

The Ontario Ministry of Municipal Affairs and Housing continued to insist that tenants should not be evicted without an LTB order despite the arrears of rent despite the outstanding rent.

What are the Quick Steps To Be Taken?

In cases where you are threatened to evict by a landlord, you can defend yourself immediately.

Considerable actions, which tenants have to take:

Ask for written notice

Messages sent through internet or verbal threats do not count as eviction notices.

Look at the cause of eviction

There are those notices which give the tenants time to rectify the situation, e.g, paying the arrears.

Take notes of communication

Keep emails, messages and notices with your landlord.

These measures will assist in being ready in case the case proceeds to the Landlord and Tenant Board.

Real Example: Eviction Threat Over Late Rent

Case Example – Mississauga

David lost a job and was behind on the rent. His landlord gave him three days to do so or the locks out.

This would be against the law according to the Ontario law. The landlord is not prohibited from changing locks or evicting tenants without legal eviction order. 

David also approached a tenant support clinic and was informed that he was entitled to remain in the unit until the hearing by LTB. 

He was able to afford the overdue rent ahead of hearing and escape eviction after being served with the notice.

Such cases demonstrate why it can make a significant difference when eviction assistance is sought in Ontario when it is early.

Where Do Tenants Seek Eviction Help Ontario?

Ontario is endowed with a number of resources that can be used by tenants who are at risk of eviction.

Available sources of assistance to place tenants include:

• Legal hearings and dispute resolution in Landlord and Tenant Board (LTB).

• Free legal advice, Community law clinics.

• Tenant advocacy organizations that help tenants in conflicts.

According to the Federation of Rental-housing Providers of Ontario (FRPO), a lot of eviction conflicts end outside the hearing room whenever the tenants are knowledgeable of their rights and choices.

Signs of an Illegal Eviction Attempt

Other landlords seek to evict tenants without taking the right legal procedures.

The red flags of an eviction of an illegal nature are as follows:

Lock changes without notice

Another thing that landlords are not supposed to change locks without supplying them with replacement keys and giving them due notice.

Utility shutoffs

It is unlawful to switch off heat, electricity or water in a bid to evict a tenant.

Repeated threats or harassment

Continuous harassment to vacate without a court order can be against the law of protecting tenants.

In case of any of these, the tenants are advised to seek eviction help Ontario as soon as possible.

Understanding the Eviction Process in Ontario

The eviction process is usually carried out according to the following steps:

• The eviction notice is official and given by landlord.

• The Landlord submits an application to the Landlord and Tenant Board.

• A trial is set in which both parties submit evidence.

• Whether there is justification for eviction is determined by the LTB.

• The eviction is executed by the Sheriff’s Office in case it is approved.

This process makes it fair and eliminates cases where landlords evict tenants without supervision.

Renovation Eviction Notice is Another Example

Case Example – Toronto

A tenant was given a notice that he had to move out since the building had to be renovated. The landlord did not however, give the right N13 notice as per the Ontario law.

During the LTB hearing, the eviction application was overruled since the notice was invalid. The tenant was left in the apartment.

This case indicates why tenants must read any notice keenly when a landlord threatens eviction Ontario.

Conclusion

When your landlord threatens to evict you, don’t forget that you are still under the law. Strict procedures should be followed by landlords and eviction is not possible unless there is an order of a Landlord and Tenant Board.

Eviction help Ontario should be sought at an early stage to avoid illegal eviction and give tenants an insight into their rights. 

Contact us today to provide advice on your rights and help you with an eviction threat. Timely counseling can overcome the case and save your housing status.

FAQs

Is it possible to be evicted instantly in Ontario by a landlord?

No. A landlord must acquire an eviction order through giving a notice and via Landlord and Tenant Board.

What should I do if my landlord threatens eviction verbally?

Request communication in writing and maintain records of the communication.

Are the landlords going to replace the locks in order to drive me away?

No. Lock changes not legally done are unlawful.

Who provides tenants with eviction help Ontario?

The tenants can get to the Landlord and Tenant Board, the community legal clinics or Tenant advocacy groups.

Make eviction preventable once it has been given a notice?

In some cases, yes. Indicatively, prior payment of the outstanding rent before the hearing will prevent some applications for eviction.