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What To Do if You are Going Through Eviction as a Tenant —
Eviction is a daunting word. However, what’s even more frightening than the word itself is the realization that you might be forced from your home based on a legal ruling. If you’ve received a notice from your landlord or property management company, it’s essential to educate yourself on what to do if you’re facing eviction as a tenant.
The first thing Toronto-based paralegal Dan McIntyre wants you to understand is that you are not alone.
“The key is not to panic,” says McIntyre. There are still options available even after receiving a written notice of eviction. You can seek guidance from your provincial or territorial tenant board. If the situation is complex, you may need to consult with a lawyer or a paralegal who specializes in landlord and tenant issues
Look at the Fine Print to Understand Your Rights
The advantage of receiving a written notice is that it contains important information that can assist you. First, it specifies the reason for the eviction. The document also indicates the date by which you must vacate the rental unit. While most people stop reading at this point, it’s important to continue, as the notice often lists your rights in this process. These rights are frequently found in the fine print, but reading this small print can be very helpful.
For example, if your landlord is evicting you due to missed payments, illegally operating a business from the rental suite, or significant damage to the unit, you may be able to halt the eviction by addressing the underlying issue. This could involve paying the outstanding rent or arranging a repayment schedule, ceasing the home-based business, or paying to repair the damage caused to the unit.
It’s important to note that in most provinces, the reasons for the eviction will be reviewed by a residential tenancy board before the final eviction decision is made. Some provinces, such as B.C., PEI, and Saskatchewan, require the landlord to provide evidence of the reasons prior to issuing the eviction notice. Other provinces, such as Ontario, only require the landlord to submit an application and pay a fee to serve the final eviction notice. However, this does not mean that the written eviction notice is the final decision. In all provinces, you have the right to present your case before the provincial Landlord and Tenant Board to contest the eviction.
The danger of Rent Deferral
If you are found responsible for the charges, you might be able to appease your landlord by addressing the complaint. For example, you could repay all overdue rent within a specified timeframe (usually two to four weeks).
Often, a tenant may be responsible for the charges but with a valid reason (from the tenant’s perspective). For instance, a tenant might withhold rent to compel the landlord to repair a damaged rental unit. In such cases, it might be a good idea to request a mediator from the Landlord and Tenant Board. Keep in mind, however, that even if a mediator recommends that the landlord must address the issues you raise, the Landlord and Tenant Board may still hold you accountable for non-payment of rent. Therefore, be prepared to resolve your part of the complaint. Failure to do so may enable the landlord to legally evict you from the unit
If Evicted, How Does This Affect Your Future as a Tenant?
The first thing to know is that an eviction does not appear on your permanent credit report. However, in some provinces, you may be flagged by a governing board if a landlord conducts a background check. Another downside of eviction is that you could lose a previously good reference for future rental applications.
If you apply to live in a new rental property but are worried that a landlord may discover a prior eviction notice, McIntyre advises being upfront. “Yes, you had an issue, but you’ve since resolved it and are now looking to build a good relationship with this new landlord,” McIntyre explains. However, don’t be surprised if this explanation doesn’t fully satisfy a new landlord. Many landlords are trained to avoid irresponsible tenants—those who cost money to evict. Often, a poor credit score, a spotty credit report, or prior eviction notices are red flags used by landlords to identify potentially problematic tenants. This is why, as a tenant, it’s always wise to comply with your lease obligations and avoid eviction. It’s also why, if you are under financial strain, you should speak to your landlord about the situation early, so you can find a solution that benefits both parties and avoids potential legal action.
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