1. Challenge the notice at an eviction hearing

When your landlord gives you an eviction notice for any reason, this does not mean you will have to move out. If you think you have a good reason, you might decide to fight the notice. This usually means having a hearing at the Landlord and Tenant Board (LTB).

Reasons to fight the eviction notice

You might want to fight this kind of notice if:

• you do not believe your landlord is really going to do the work they say they are planning
• the work can be done without you moving out
• your landlord will not be able to get a building permit
• the work your landlord wants to do does not require a building permit
• your landlord has not gotten the permits or licences that they need to do the work
• your landlord has not paid you the compensation they are supposed to pay

You can also challenge the notice if it does not follow the rules. For example:

• your landlord gave the notice to you less than 120 days before the date you are supposed to move
• the notice does not have all the information that appears on the Form N13

Eviction hearing

If you do not move, the landlord must then apply to LTB for an eviction order. The landlord will have to prove at an LTB hearing that they have followed the law and that they have a legal reason to make you move out.

You have the right to challenge the eviction notice at the hearing and tell the LTB member why you think you should not be evicted.

You need to prepare for the hearing. Think about the best ways to challenge your landlord's case.