What can I do if my landlord wants to evict me?

A landlord can evict you in some situations. Please read When can my landlord evict me? to read more about these situations.

If your landlord wants to evict you, he or she must give you an official written notice. This can be a "Notice to Terminate" or a "Notice to End a Tenancy." The notice will tell you why and when the landlord wants you to leave. Your landlord must give you the notice a certain number of days before he or she wants you to move out. The notice period depends on the reason for eviction, and is between 0 to 365 days.

When you receive this notice, you can choose to move out. In some cases, the notice will tell you how you can cancel the notice by correcting the problem. If you do not move out or correct the problem, your landlord must apply for an eviction order from the Landlord and Tenant Board. If this happens, you should get legal advice about your case.

You can contact a legal clinic or housing help centre for more information. To find help in your area, go to Services Near Me.

The Landlord and Tenant Board will set a date and time for a hearing. Your landlord must give you an official Notice of Hearing which tells you when and where it will take place, and a copy of the application which explains your landlord's request. Your landlord must give you the notice and the application at least 10 days before the hearing.

The Hearing

It is important that you attend the hearing, so that you can present your side of the case. If you do not attend, the Board will hold the hearing anyway, and it is more likely that they will decide to evict you because they will only hear your landlord's side of the argument. You should prepare for the hearing by gathering any evidence (e.g. documents, photos, witnesses) you have that supports your case; bring this to the hearing. If you wish, you can have a lawyer or agent represent you at the hearing. An agent can be anyone, such as a friend or family member, who you choose to represent you at the hearing.

After the hearing, the Board will make a decision. If they issue an eviction order, you must move out of the rental unit by the date listed on the eviction order.

In some cases, the Landlord and Tenant Board can issue an eviction order without holding a hearing – for example, if the Board has issued an eviction order against you before and you did not move out.

If the Board issues an eviction order against you and you want to appeal this decision, you should get legal advice right away.

You can contact a legal clinic or housing help centre for more information. To find help in your area, go to Services Near Me.

For More Information

  • Does your landlord want you to move out? - This fact sheet covers the basics of an eviction process. Available in more than 5 languages. From CLEO (Community Legal Education Ontario).
  • Moving Out - This booklet describes what tenants have to do if they want to move out, and what can happen if they do not follow the rules.
  • Can your landlord take your stuff? - This booklet explains what landlords can do with personal property that tenants leave behind when they move or are evicted.
  • Landlord and Tenant Board - Provides information about the RTA and to resolve disputes between most residential landlords and tenants.
  • What Tenants Need to Know About the Law - Topics covered include rent increases, deposits and other charges, repairs and maintenance, privacy, moving out, and eviction.
Last updated: September 9, 2015 4001264