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My landlord says they don't need a legal order to evict me. What should I do?

Question
My landlord says they don't need a legal order to evict me. What should I do?

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My landlord says they don't need a legal order to evict me. What should I do?
Reviewed: 
August 5, 2020
Answer

The eviction moratorium has ended and evictions by the Sheriff could start again as of August 4, 2020. But your landlord must first follow the eviction process and get an order from the LTB before they can ask the Sheriff to evict you.

Most tenants who rent a place to live are protected by the Residential Tenancies Act (RTA). The RTA says tenants can't be evicted except by a Sheriff after the landlord gets an eviction order from the Landlord and Tenant Board (LTB).

But some types of rental arrangements might not be covered by the RTA. For example:

  • tenants who share kitchen or bathroom facilities with the owner or the owner's immediate family
  • tenants who rent and occupy both business and living space under the same lease, for example, a store with an apartment attached
  • tenants in some types of shared living arrangements, for example, roommates
  • people staying in seasonal or temporary accommodation, like hotels, motels, and resorts

It's not always clear if a rental arrangement is covered by the RTA. If your landlord claims that you're not covered, you can tell them they should first apply to the LTB for a ruling. You can also tell them that they could have a lot of legal trouble if they try to evict you without a ruling and turn out to be wrong.

If your landlord is threatening to evict you without an LTB order, and you think you may be covered by the RTA, there are steps you can take.

If you're not covered by the RTA, you may have very limited legal protection. For example, your landlord may be able to force you to leave just by giving you reasonable notice. But the law isn't always clear about how much notice you should get. It can depend on what you agreed to when you rented the place, or whether you pay by the month, week, or day. In some situations, you might have other rights. Try to get legal advice.

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