3. Show your landlord did not prove a reason to evict you
Question & AnswerWhat if my landlord wants to evict me for doing something unsafe?
The LTB should not you just because someone didn't like something you said or did. Your landlord must show that what happened fits the wording of the law. Here are some questions to think about.
Was the effect on safety “serious”?
You can be evicted for “seriously” impairing the safety of yourself or other people. This means the LTB should not evict you for something minor.
Is someone likely to be harmed?
Impairment of safety includes the possibility that you or someone else could be harmed. This means that even if someone has not actually been hurt, you could still get evicted. But the LTB should not evict you if the harm is very unlikely to happen.
Who caused the problem?
You can be evicted because of something that was done by you, a person living with you, or someone that you allowed to be on the property – for example, a guest of yours. But your landlord must prove who it was and that you allowed this person to be on the property.
Was the problem a result of a disability?
If the actions that caused the safety problem are the result of or illness, the LTB must consider and apply human rights law. This means making allowances for people’s disabilities.