Your defence to an eviction notice

Common reasons for receiving a notice include failure to pay rent, willful damage to the property, and having too many people living in a unit.

According to Ontario's Residential Tenancies Act, the landlord does not have the right to evict you if you are in violation of a "No pets" agreement. However, if you have a dog that is barking all the time and disturbing other tenants, that would infringe on their rights and could be grounds for eviction.

In order to evict, the landlord needs to give written notice on the official Landlord and Tenant Board form, with the termination date and the reason. The two most common notices are the N4, for unpaid rent, which gives you a deadline (printed on the notice) to pay everything you owe and cancel the notice, and the N5, for disturbing other tenants, damage or overcrowding, which gives you seven days to fix the problem. Check the current timelines on tribunalsontario.ca, as they have changed recently.

If you don't want to move, contact a Community Legal Clinic funded by Legal Aid Ontario, or the Advocacy Centre for Tenants Ontario (ACTO). Most Community Legal Clinics provide free legal help on tenant issues for people with low incomes.

A notice is not an eviction. Neither the landlord nor the police can remove you. If you stay past the termination date, the landlord has to file an application (an L1 for unpaid rent, an L2 for most other reasons) with the Landlord and Tenant Board, and a hearing will be scheduled. Only after the Board issues an eviction order can it be enforced, and only by the Sheriff (the Court Enforcement Office).

Most hearings are now held by video or phone through Tribunals Ontario rather than in person, and it can take months to get a date. The hearing gives you an opportunity to tell your side of the story. It's helpful if you have documents, photos and witnesses that can help support your case. On the hearing day you can ask to speak with Tenant Duty Counsel, a free lawyer service for tenants, before your case is called.

An eviction notice isn't always final. If you are behind in your rent, pay what you owe or contact the landlord to set up a payment plan. When you've received an eviction notice, it's more important than ever that you get a receipt for any payments made.

If you cannot make your rent payment without assistance, the Toronto Rent Bank may be able to help. It now provides grants, not loans, to eligible low-income Toronto households behind on their rent. It is a Toronto-only program; many other Ontario municipalities run their own rent banks, so ask your local housing office.

As a tenant, be proactive to mitigate the chances of receiving an eviction notice. If you're ever going to be late with paying the rent, contact your landlord right away to explain the situation and let them know when they can expect it.

Read over your lease or rental agreement and make every effort to follow the rules. You want to have a good relationship with your landlord so that you can use them for a reference for a future rental.

If you need a new place to live, check out Gottarent.com. It's a great apartment rental site that makes it easy to find the perfect unit or house in your community, including Student rentals in Toronto.