What are my options before my eviction hearing?
There are certain steps a landlord must follow to a tenant when the Residential Tenancies Act (RTA) applies.
Eviction notices
The first step is for the landlord to give you a written notice of termination on one of the (LTB) forms.
This should have a name that starts with Notice to End Your Tenancy. It may have one of these numbers at the top: N4, N5, N6, N7, N8, N12, or N13.
You do not have to move if you receive one of these notices.
The must say:
- the reason for eviction: The notice should say the reason and give details about what happened.
- the : This is the date that your landlord wants you to leave the unit.
- how to cancel the notice: Some notices can be cancelled. The notice must say how you can do this.
For example, if your landlord wants to evict you because you have not paid rent, you can stop the process by paying the full amount by the date. If you pay, your landlord cannot apply for a hearing to evict you.
Applications
The second step is for the landlord to fill out an . If you receive a Notice of Hearing along with an Application to Evict a Tenant, it means your landlord has taken the next step. Your landlord has asked the Landlord and Tenant Board (LTB) to hold a hearing to decide if you should be evicted.
Fix the problem before the hearing
You could fix the problem before the hearing. For example, you can:
- try to settle the case by making an agreement with your landlord
- have a mediator help you and your landlord make an agreement
- find out if you have a good case to dispute the eviction
You might also want to challenge the eviction notice at your hearing. The LTB can dismiss your landlord's case if there are problems with the notice that your landlord gave you.
