What if my landlord wants to evict me for doing something unsafe?

2. Challenge your landlord’s version of events

You might not agree with your landlord that you are putting safety at risk. If so, at the hearing, you must give evidence to show the LTB member what you believe really happened.

For example, your landlord might be blaming you, someone who lives with you, or a guest of yours for something that had nothing to do with you. You might be able to show that someone else could have been responsible. Or you might think that the problem does not affect anyone's safety in a serious way.

After hearing the evidence from you and from your landlord, the LTB member makes a decision.

Find evidence

If you disagree with what the landlord says you did, try to find evidence to prove that you did not do it. Some examples of evidence are:

  • proof that no one was in your apartment or on the property at the dates and times that the complaints relate to – for example, receipts from travel or activities that you were doing, or a letter from your employer showing you were at work
  • neighbours who can testify on your behalf
  • witnesses who saw someone else doing what your landlord is accusing you of doing

Hearsay (“second-hand”) evidence

If your landlord's case is based on complaints from other tenants who are not at the hearing, you can ask the LTB member not to give much importance to that evidence because it is “hearsay”.

Hearsay means a witness just repeating what someone else told them, instead of something they observed themselves. It is like “second-hand” evidence.

For example, your landlord might tell the LTB member that another tenant told them you did something, but your landlord did not see it happen.

The LTB can allow hearsay evidence, but you can argue that they should not you based on hearsay. This is because stories can change when they are repeated by someone else. And, it is not fair that you don't get the chance to question the person to try to show that what they are saying might be mistaken or untrue.

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