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When can my landlord evict me?
Your landlord must have a legal reason to do so and it must be listed in the Residential Tenancies Act.
Your landlord can evict you for any one of the following reasons:
- You don't pay your rent, or you frequently pay your rent late.
- You or your guest do something illegal in your unit or building.
- You cause excessive damage to the apartment or building.
- You or your guest unreasonably disturb the landlord or other tenants in the building.
- You have too many people living in the unit. In this case, "too many" means a number that is against health, safety or housing standards.
- You lied about your income when you applied to rent the unit.
- The owner or a member of the owner's family wants to move into your apartment. In this case, "family" means spouse, child, parent, spouse's child, spouse's parent or a caregiver for any of them.
- The owner will destroy the building, make extensive repairs that require the unit to be empty, or change the unit so that it is no longer used as housing.
A landlord can not evict you for these reasons:
- You have children, or your children are noisy.
- You have pets (unless it disturbs others).
- You ask for repairs.
- You join a tenant association.
A landlord cannot physically remove you from the home. He or she must file an application with the Landlord and Tenant Board first. In most cases, the Landlord and Tenant Board will hold a hearing, and if the board decides that you can be evicted, only the Sheriff can physically evict you.
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.
September 22, 2015