Challenge the notice

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.

You might want to challenge this kind of notice if:

• you don't 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 won't be able to get a building permit
• the work your landlord wants to do does not require a building permit

You can also challenge the notice if it does not follow the rules. For example, a landlord can't use a notice to evict you if they gave the notice to you less than 120 days before the date you are supposed to move. You can also challenge the notice if it doesn't have all the information that appears on the Form N13.

If you don't move, the landlord must then apply to the Landlord and Tenant Board (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 and think about the best ways to challenge your landlord's case.