Recorded on June 13, 2012 - Getting evicted from a home is never pleasant. This webinar, intended for community workers, gives information on how to advise clients who are dealing with eviction. The webinar looks at who is a tenant, what tenants face when they receive an eviction notice, and the role of the Landlord and Tenant Board. Watch this webinar at: http://yourlegalrights.on.ca/webinar/and-out-evictions

1. This webinar is brought to you by
Your Legal Rights: a website of legal
information for people in Ontario.
www.yourlegalrights.on.ca
Your Legal Rights is a project of CLEO and funded by the Law Foundation of
Ontario.

2. Your Legal Rights is a project of CLEO and funded by the Law Foundation of
Ontario.
About our presenter…
Chris Woodall is a Community Legal
Worker and Paralegal with Niagara North
Community Legal Assistance (NNCLA), a
legal clinic based in St. Catharines. Chris
joined NNCLA after 25 years as a
newspaper editor and journalist.

3. The “in and ouT” of
eViCTionS
Your rights as a Tenant
Brought to you by
Niagara North Community Legal Assistance
Presented by –
Chris Woodall,
Paralegal/Community
Legal Worker

4. The Players:
Meet your
landlord:
(as seen by You)
Meet yourself:
(as seen by the landlord)
Brought to you by Niagara North Community Legal Assistance

5. EVICTIONS
RTA, YES =
 Regular tenants
 Boarders
 “Motels/hotels”
 Social housing (partly)
 Care homes (partly)
 Cabins/mobile homes
RTA, NO =
 Live with Landlord
 Co-ops
 Vacationing public
 Student residence
 Live on the farm
 Occupant
Covered by the Residential Tenancies Act?: YES or
NO
Brought to you by Niagara North Community Legal Assistance
Who iS a
TenanT?

6. Who Can
eViCT/CanCel
TenanCy?
Landlord
Both must provide proper notices
Don’t hold back rent to
punish landlord for fix-it
problems
Both: Lease/rental agreement = contract
Brought to you by Niagara North Community Legal Assistance
EVICTIONS
Tenant
Don’t turn off heat, gas,
water, electricity to punish
Tenant for lack of rent

7. NOT aN RTa
TeNaNT
Remedy
through Small
Claims Court
Co-ops: follow
co-op bylaws,
processes
Evicted at any time
Brought to you by Niagara North Community Legal Assistance
EVICTIONS
oRemember: Occupant is not a Tenant
oRemember: Social housing partly not RTA

8. EVICTIONS
Brought to you by Niagara North Community Legal Assistance
YES, an RTA Tenant
 Eviction ONLY through Landlord & Tenant
Board
 Starts with LTB Notice (the “red flag”)
 Verbal “eviction” not any good
 Written “eviction” not any good
 Landlord can’t change locks, move your stuff
Landlord actions

9. Legal reasons for eviction:
o Didn’t pay/late pay rent
o Disturb neighbours
o Illegal business (usually drug-
related)
o Landlord/buyer wants to live
there
o Total renovation/destruction
needs Tenant out to complete
work
o Conversion to other use (condo,
commercial)Brought to you by Niagara North Community Legal Assistance

10. “Popular” Notices
N4 – non-payment of rent
Landlord can apply for eviction the day after termination date
Check the amount demanded: correct?
Got receipts?
Talk to the landlord: plan to catch up?
N5 – misbehaviour, over-crowding
General damage or negligence
Disturb neighbours (more than once)
Too many people (children not included)
Tenant has 7 days to correct (first time
only)
Corrected activity voids Notice
Common to all:
Check the termination date; Exact reasons only
Brought to you by Niagara North Community Legal Assistance

11. N6 – illegal act or business
Specific to drug activity, or
Misrepresentation of Tenant income
Termination in 10 days
Landlord can apply for hearing right away
Landlord doesn’t need drug charge or conviction to act
N7 – end tenancy early
Similar to N5, but
Damage must be wilful
Tenant in same building as Landlord, and
Building has 3 or fewer units
Disturbances affect Landlord directly
Common to all:
Check termination date; Exact reasons only
Brought to you by Niagara North Community Legal Assistance

12. N12 – landlord, buyer own use
Or child/parent of Landlord/buyer to occupy
Affidavit of proposed occupant saying why
Tenant should demand presence of person at hearing
Bad faith by “occupant” voids application
N13 – conversion, demolition, large repairs/renos
Landlord needs building permit; needs vacant unit
Details of work, reasons needed
Termination date = 120 days, but 1 year if trailer park
Complex is 5+ units = Landlord to pay 3 months rent, or
provide another unit suitable to Tenant
Trailer park = Landlord to pay 1 year rent or $3,000
(BUT not if Landlord ordered by city to demolish/repair)
Common to all:
Check termination date; Exact reasons only
Brought to you by Niagara North Community Legal Assistance

13. Now you are served
Decision time: stay or go
STAY = FIGHT
oFIX the PROBLEM
oIgnore notice, force
LL to file at L&T,
$170 fee to you if you
lose
oGather evidence
oCall legal clinic for
advice
GO (maybe fight)
oFollow termination date on notice;
oOR negotiate with LL when leave
oOR fight with Tenant application
(eg maintenance, harassment)
Brought to you by Niagara North Community Legal

14. At the Landlord & Tenant Board
Options:
Tenant Duty Counsel – last-minute advice
Mediation or “last chance romance”
– Board will support consents
OR …….
Brought to you by Niagara North Community Legal
Assistance

15. The Hearing
o Not a “court” = flexibility, less formal
o Open to the public, parties/witnesses required to affirm to tell the
truth
o Applicant (Landlord) goes first, show evidence/witnesses
-- chance for Tenant to ask Landlord questions
o Respondent (Tenant) goes next, show evidence/witnesses
-- chance for Landlord to ask Tenant questions
o Board Member might step in to ask questions at any time
o Parties summarize their positions
o Board Member may decide right away or later
Brought to you by Niagara North Community Legal
Assistance

16. What’s next?
Did the Tenant win?
Tenant not evicted, Or
Tenant requests termination at later date to assist with
move out
Award of damages = Small Claims Court money chase
Brought to you by Niagara North Community Legal
Assistance

17. Did the Tenant lose?
Eviction Standard Order
Termination 10 days, or later with permission of
Board (s.83)
Pay up arrears before termination date = voids
eviction
But must pay application fee, too
Pay up arrears before Sheriff shows up = voids eviction
But must pay Sheriff fee, too
What’s next?
Brought to you by Niagara North Community Legal Assistance

18. What about your stuff?
Landlord can NOT seize Tenant stuff just because:
Tenant owes rent
Landlord has a dislike of Tenant
If Tenant “takes off”:
Stuff abandoned =
Landlord can sell, toss out, give away
Brought to you by Niagara North Community Legal

19. What about your stuff, 2
If properly evicted through LTB, or agreed termination
date
Take everything with you, or abandon your stuff
If Sheriff comes knocking
Locks changed, Tenant leaves asap, leaves stuff
Tenant has 72 hours to pick up stuff
Landlord must keep stuff safe, allow access
Landlord can throw out food, plants
Tenant may have other rights to recover stuff later
Landlord stored = pay storage fees to recover
Landlord sold stuff = can go toward arrearsBrought to you by Niagara North Community Legal

20. Evicted by … life
If the Tenant dies
Landlord can get rid of anything unsafe (food, plants)
Landlord must keep items safe for 30 days for estate
recovery
After 30 days, Landlord can sell or throw out items
Brought to you by Niagara North Community Legal
Assistance

21. HAPPY CASTLE
HUNTING!
Brought to you by
Niagara North Community Legal Assistance
EVICTIONS

22. This webinar was brought to you by
Your Legal Rights: A website of legal information
for people in Ontario
For more information visit Your Legal Rights at
www.yourlegalrights.on.ca
For more public legal information webinars visit:
www.yourlegalrights.on.ca/training