How to Dispute Unlawful Evictions and Protect Your Housing Rights
In Ontario, tenants have legal protections that prevent landlords from evicting them unfairly. Housing law establishes clear guidelines for when and how a landlord can ask a tenant to leave a rental unit. Despite these protections, unlawful evictions can still occur, leaving tenants in stressful and uncertain situations.
At Morris Legal Services, we assist tenants in North York, Ontario, in understanding their rights and taking action against landlords who attempt to remove them from their homes without proper legal justification. If you have been unfairly evicted, we can identify practical solutions for your case and make sure you're treated fairly.
When is an Eviction Unlawful?
Evictions must follow the procedures specified by Ontario housing laws. Landlords can’t simply demand that a tenant leave without reason or without following the correct legal process under the Residential Tenancies Act.
This includes instances where a landlord tries to remove a tenant without a formal eviction notice, locks a tenant out of the unit, or pressures a tenant to leave without going through the Landlord and Tenant Board (LTB).
Common unlawful eviction tactics include:
Falsifying claims about lease violations
Citing personal use of the unit without intent to occupy it
Refusing to conduct necessary repairs to force a tenant out
Understanding these tactics allows tenants to recognize when their rights are being violated and take legal action accordingly.
Legal Grounds for Eviction
Landlords may only evict tenants for reasons permitted under Ontario housing laws. These reasons include non-payment of rent, excessive property damage, illegal activity within the rental unit, or if the landlord requires the unit for personal use.
Even in these cases, landlords must follow specific steps, including issuing proper notices and allowing tenants time to respond or remedy the issue.
If a landlord attempts to evict a tenant for reasons not permitted under the law, the eviction can be disputed. The Landlord and Tenant Board plays a major role in deciding eviction matters, making sure landlords act within the boundaries of the law.
Challenging an Unlawful Eviction
If you're a tenant facing an unlawful eviction, you have legal options to remain in your home. The first step is verifying whether the landlord has followed proper procedures. If a tenant receives an eviction notice, you should confirm that the notice is valid and was filed with the Landlord and Tenant Board. If the landlord has skipped legal steps, the eviction may be challenged.
Filing a dispute with the LTB allows you to present your case and provide evidence showing why the eviction is unlawful. Supporting documents such as rental payment records, communications with the landlord, and evidence of wrongful eviction attempts strengthen a tenant’s case.
At Morris Legal Services, we assist tenants in preparing their case and representing them before the LTB when necessary.
Protections Against Illegal Lockouts
Ontario housing law prohibits landlords from forcibly removing tenants without following the legal eviction process. If a landlord changes the locks or removes a tenant’s belongings without an LTB order, the tenant has grounds for immediate legal action. The law allows tenants to apply for an order that forces the landlord to let them back into the rental unit. Additionally, tenants may seek compensation for damages resulting from an illegal lockout.
We help tenants file emergency applications with the LTB to regain access to their rental units when landlords unlawfully lock them out. These cases require swift legal action to prevent further harm to tenants who have been wrongfully displaced.
Tenant Rights During Renovictions
A common issue in Ontario housing disputes involves renovictions, where landlords attempt to evict tenants under the pretense of conducting significant renovations. Housing law sets strict conditions under which a landlord may evict a tenant for renovations.
In many cases, landlords use this tactic to remove long-term tenants paying lower rent and then re-list the unit at a higher rate. If a landlord claims that a tenant must leave due to renovations, the tenant has the right to request proof that the work is necessary and can’t be completed while the tenant remains in the unit.
Tenants also have a right to return to the unit after renovations. If a landlord refuses to honor this right, legal action may be taken to secure compensation or reclaim the unit.
Fighting Bad-Faith Evictions
Bad-faith evictions occur when landlords misuse housing law to remove tenants under false pretenses. This includes landlords who claim they need the unit for personal use but never move in, or those who use eviction as retaliation against tenants who exercise their rights.
Tenants can challenge bad-faith evictions by gathering evidence of the landlord’s true intentions. If a landlord falsely claims to need the unit for personal use but doesn’t move in, tenants may file a complaint with the LTB.
If successful, tenants may receive compensation, including reimbursement for moving expenses and rent increases at the new location. We assist tenants in holding landlords accountable when eviction notices are issued in bad faith.
Legal Remedies for Wrongfully Evicted Tenants
Ontario’s housing law provides legal remedies for tenants who have been unlawfully evicted. These remedies may include compensation for financial losses, such as:
Moving costs
Rent increases
Damages for distress caused by an improper eviction
In some cases, tenants may also be reinstated in their original unit if it’s still available.
Taking legal action requires proper documentation of the eviction process, communications with the landlord, and any evidence of wrongful conduct. At Morris Legal Services, we guide you through this process, making sure that your rights are upheld and that you receive fair treatment under the law.
Defending Against Landlord Harassment
In some cases, landlords may attempt to force tenants out through persistent harassment rather than legal eviction proceedings.
This can include repeated threats, withholding maintenance services, or entering the unit without proper notice. Housing law protects tenants from these tactics, allowing them to take action against landlords who create a hostile living environment.
If a landlord is engaging in harassment to push a tenant out, legal steps can be taken to file a complaint with the LTB.
Documenting instances of harassment and seeking legal support strengthens a tenant’s case against an aggressive landlord.
Holding Landlords Accountable
Tenants who have been wrongfully evicted or harassed by landlords have legal options to seek justice. Filing complaints with the LTB and pursuing financial compensation can help tenants recover losses caused by unlawful actions.
Housing law allows tenants to challenge landlords who violate regulations, making sure that rental properties remain safe and fair for all occupants.
At Morris Legal Services, we work with tenants to take legal action against landlords who violate Ontario’s housing law.
Protecting housing rights requires a strong legal approach, and we’re committed to holding landlords accountable for any unlawful conduct. Tenants who face eviction threats should seek legal advice to understand their rights and take appropriate action.
Get Experienced Legal Services and Support
Morris Legal Services provides legal service and support that complies with regulatory standards, certifying copies of documents and performing other notarial acts. We perform a fundamental role as a notary public for important signatures and documents and various legal services, such as small claims court, provincial offences, contract disputes, debt collection, and landlord-tenant disputes. Call Morris Legal Services for more information on how to dispute an unlawful eviction in North York and throughout Ontario. Call today to get started
