4. Show your landlord did not prove a reason to evict you
Question & Answer
What if my landlord wants to evict me for causing damage?The (LTB) should not you unless your landlord proves that what you did fits the wording of the law. Here are some questions to think about.
Is the damage “undue”?
The law says you can be evicted for “undue” damage to your place, or in the common areas of the property.
“Undue” damage means damage that is beyond ordinary wear and tear. Minor damage, such as small holes in the wall from hanging pictures, is not usually covered.
Was the damage caused on purpose or by carelessness?
The law also says that the damage must be caused “wilfully or negligently”.
“Wilful” means that you caused the damage on purpose. “Negligent” means you were too careless or did not take reasonable steps to prevent the damage.
This means you shouldn't be evicted for damage caused by accident that you could not have reasonably prevented.
Who caused the damage?
You can be evicted because of something that was done by a person living with you or someone that you allowed to be on the property. So consider whether the person was there with your permission when they caused the damage.
Was the damage a result of a disability?
When damage is a result of or illness, it can still be used as a reason to evict someone. However, the LTB must consider and apply human rights law. This can mean making allowances for someone's mental or physical disability.
