What if my landlord wants to evict me for causing damage?
Your landlord can try to you if they say you caused damage to your unit or to the building. Some examples of damage are:
- water damage from a flood that you caused
- a broken window
- damage from a fire that you caused
The landlord must first give you a written . It should be on a form called Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding – Form N5.
NOTE: If your landlord gave you a Form N7 – Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex, you will need to follow a different set of steps.
You do not have to move out just because you get this notice.
If this is the first time in 6 months that your landlord gave you a Form N5, you have 7 days to cancel or “void” it by:
- repairing any damage, or
- paying the amount the landlord asked you to pay in the notice.
If this is not your first N5 in 6 months or if you don't cancel the notice, your landlord can file an Application to End a Tenancy and Evict a Tenant – Form L2 with the (LTB).
The LTB will schedule a hearing to decide the landlord's . The LTB has the power to evict you. They can also you to pay the cost of fixing the damage.
The LTB or your landlord should send you a Notice of Hearing and a copy of the landlord's application.
There are things you can do before the hearing to try to reach an agreement with your landlord. For example, your landlord might agree to drop the case if you pay for the damage. But if you and your landlord can't agree, your case will go to a hearing at the LTB.
At the hearing, your landlord must show that:
- they have followed all the right steps in their application,
- there is a good reason to evict you, and
- the notice you received gives you enough information about that reason.
You will need to prepare for the hearing and think about the best ways to prove that you should not have to move out or pay for the damage.