What if my landlord says they can evict me without an LTB order?

The Residential Tenancies Act (RTA) says that tenants can only be evicted by a Sheriff after the landlord gets an eviction order from the Landlord and Tenant Board (LTB). Most tenants who live in rental housing are protected by the RTA.

But some types of rental housing might not be covered by the RTA, including:

• tenants who must share a kitchen or bathroom with the owner or the owner's close family members
• tenants in some types of shared living arrangements
• people staying for a seasonal or short-term period in hotels, motels, cottages or resorts

The RTA doesn't cover tenants who rent both business and living space under the same rental agreement. For example, if you live in an apartment with a store attached, you are not protected by the RTA.

If you think you’re protected by the RTA

It's not always clear if a rental arrangement is covered by the RTA. Your landlord might claim that you're not protected. You can tell your landlord to first apply to the LTB for a ruling on whether you're covered or not. 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 protected by the RTA

If you're not covered by the RTA, you have very limited legal protection. For example, your landlord might be able to force you to leave just by giving you reasonable notice. But the law isn't always clear about how much notice is reasonable. 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. You can get legal help to learn more about your rights and whether you're protected by the RTA.