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Fighting an eviction

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If your landlord gives you a notice

If your landlord wants to evict you, usually the first step is to give you a written notice. Your landlord can do this in a number of ways, for example, by putting it in your mailbox or handing it to you.

Usually the notice will have a name that starts with Notice to End your Tenancy. It may have one of these numbers at the top: N4, N5, N6, N7, N8, N12, or N13.

The notice must tell you the reason why your landlord wants you to leave. It must be one of the reasons listed in the RTA. The notice must also give you details about the reason.

The notice must tell you the date your landlord wants you to move. Your landlord must give you the notice a certain number of days before that date. The number of days depends on which reason for eviction your landlord has put on the notice. There are some examples in this chart:

If the reason for eviction is that your landlord claims: Your landlord must give you this much notice:
  • you owe rent
  • 14 days (but 7 days if you pay your rent by the week or by the day)
  • you often paid your rent late
  • 60 days (but 28 days if you pay your rent by the week or by the day)
  • you broke the law or ran an illegal business, caused damage by being careless, or disturbed other tenants
  • 20 days the first time

  • 14 days if it is the second notice within 6 months
  • you seriously risked the safety of others in the building, or were making or selling an illegal drug
  • 10 days
  • your landlord or your landlord's family member or a caregiver wants to move into your unit and live there for at least one year
  • 60 days
  • your landlord wants to tear down the building or use it for something else
  • 120 days

 

In some cases, the notice must also tell you what you can do to cancel it. For example, if the notice says you owe rent, it must tell you exactly how much and when you must pay it to cancel the notice.

Even if you are not able to cancel the notice, that does not mean you have to move out. But it means your landlord might take the next step and apply to the Board.