If your landlord has evicted you illegally, you can apply to the Board using the Application about Tenant Rights – Form T2. Lawyer's Assistant: What province are you in? You will probably have to wait several days before the Board can hear your case. (f) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or agent must place a written notice on the tenant's front door stating the name and the address or telephone number of the individual or … A lock-out is when your landlord forces you out of your home without going to court first, like if they change or take off your locks. It is a little understood loophole in Ontario tenancy laws, but one so potent that it can put tenants out on the street with little recourse. Or you can call the police non-emergency number. You must list any dates when you are not available. Time limits: When figuring out the deadline to take a legal step, the time between March 16 and September 14, 2020 does not count. Your landlord can keep, sell, or throw out anything else 30 days after the Board made the order or your landlord gave you the notice. The most common reason for a landlord to change locks is after a tenant moves out. The Board will mail a copy of this package to your landlord. The timing is more streamlined for a commercial eviction than a residential and commercial tenants enjoy somewhat less protection; that said, there still must be a judgment in the landlord's favor before an eviction. Depending on where you live, if you ask for a quicker hearing, you might get a hearing within a week of applying. It is up to your landlord to prove to the Board that there is a legal reason … If the landlord still fails to bring back the heat and hot water, the tenant should bring an … There is a filing fee of $53. Q1 How Do I Advertise My Rental Property? Once another tenant is living in the unit, the LTB cannot order the landlord to let you back in. Sometimes, this can solve the problem. If the RHEU thinks that you may have been locked out illegally, they may contact your landlord to discuss it. A landlord mustn't assign you to a certain part of the building because of a disability. A sheriff will only force you to move out if your landlord has received an eviction order from the LTB and you didn't move out by the date in the order. And you will have to show evidence to the Board to prove that there is a problem. This has a copy of your application and information about the time and place of the hearing. On the first day, the Board will want to hear about how you got locked out. It can take weeks to get a hearing date at the Board. To pay the fee, you will need to give the Board your credit card information on the application form. In large cities like Toronto or Ottawa, you could get a hearing in 2 or 3 days. A landlord can only evict you by … The cost is $50 if you file by paper and $45 by e-File. If the tenant does not move out, the landlord can file the Order with the Court Enforcement Office. Also choose Remedy 11. In Part 2 of the form, you should choose Reason 2, Reason 3, and any other reasons that describe your situation. Your landlord might be a person or a company. I'm taking my landlord to the LTB. Make sure to check off the option on page 1 of the form that says: “I am requesting that the Board shorten: the time for serving a Notice of Hearing and schedule an early hearing for my application”. I'm taking my landlord to the LTB. This means you will have to apply to the Court Enforcement Office for your area and pay a fee to have the sheriff come to your unit and make sure that the landlord lets you back in. The police are not allowed to evict a tenant unless the Sheriff asks them for help. changes the locks while you're out Illegal eviction is a criminal offence It's a criminal offence for a landlord to evict you without following the correct legal steps. In your request, you can also ask the LTB to make an interim order which would prevent the landlord from renting the unit to anyone else before the hearing is held. As usual, the answer is — it depends. It is important that you give the landlord (or their representative) copies of both the Notice of Hearing and the application right away; the same day if possible. A landlord may terminate a tenancy with or without a reason. They may also decide to make the interim order you have asked for before the hearing. By submitting this form, you accept the Privacy statement. You can file your application in a number of ways: In person:  If you live near a Board regional office or a ServiceOntario Centre, you can hand in your application in person. You may bring a lawyer or an agent to represent you, and witnesses to support your case. If these things don’t work, you can apply to the Board using the Board Form T2. It is important to be fully prepared for your hearing. Once you have given the landlord their copy, you must file a completed Certificate of Service with the LTB, explaining how and when you gave these documents to the landlord. If the Board does make an order against your landlord, you might have a problem enforcing it if the name is not exactly right. If you have legally occupied an apartment for at least 30 days (with or without a lease), you may not be evicted without a court order awarding a judgment of possession and warrant of eviction against you. You only get one chance. The Board can make the landlord let you back in only if the place is still vacant. However, for most evictions, the landlord must follow the five steps below: It is illegal for your landlord to lock you out of your unit. Or you can fill it out and file it online using the Board’s e- file service. If you want to get back into your place, you should ask the Board to schedule the hearing as soon as possible. If you have to move out, the LTB eviction order will include a date you have to move out by. On the form, when you explain why you believe your request should be granted, make it clear that your landlord has evicted you or locked you out illegally. I'm taking my landlord to the LTB. Staff will give you two copies of the Notice of Hearing and two copies of your application. COVID-19: Updates on the law and legal services. If you contact your landlord within the 30 days and say that you want to pick up your things, your landlord must let you in to pick them up at a reasonable time. If you don't leave by the date in the order, the landlord must file the order with the Court Enforcement Office (sheriff). Landlord and Tenant Board Launches Online Payment for Application Fees The Landlord and Tenant Board (LTB) is offering landlords and tenants a new and convenient way to pay application fees. A landlord can only enter a tenant’s unit in specific circumstances. NO, not without a court order. Court orders have restored Hudson’s Bay Co. ULC access to two of its store properties, and require it to pay back some of the rent it owes, after a landlord locked out … However, when your landlord intentionally shuts off utilities to your apartment (i.e., heat, water, or electricity), it can be legally tantamount to locking you out. For example, if there are other papers you want to include with the application, you might have a deadline to give them to the Board. Or, if you belong to a faith community or similar organization, you might be able to ask for help there. What can I do? To do this, you have to fill out a “Fee Waiver Request” form. ^ Top of Page allow you to move back into the rental unit, but only if it is still vacant, pay you an abatement of rent (a refund of your rent for the time that you were locked out of your rental unit), pay you compensation for any costs you paid or will pay for property that was damaged or disposed of as a result of the landlord's actions, pay you for any other reasonable out-of-pocket expenses you paid or will pay because of the landlord's actions, pay an administrative fine of up to $25,000. The member could order that the landlord: The member could also order that your tenancy be terminated on a specific date. If you need help right away, contact a lawyer or your local community legal clinic. It is illegal. Ontario. It is illegal for a landlord to lockout a tenant (renter), remove a tenant’s belongings, cut off utilities (such as water or electricity), or remove outside windows or doors in order to force a tenant to leave. This site contains general legal information for Ontario, Canada. To evict a tenant for cause, the landlord must give proper notice to the renter. After the hearing, the LTB issues a written decision called an order. Part 1 of the form asks for basic information about you and your landlord, the address of your rental unit, and any other people affected by your application. When you file the completed application, LTB staff will schedule a hearing. From signs in your window to Kijiji.com to putting ads in your local newspaper, join the discussion: http://ontariolandlords.ca/forum/viewtopic.php?f=20&t=87&sid=463c0d376c5ce3f5d6d2243826e022a… Hearings are scheduled as soon as possible, but your hearing date may not be for several weeks. “Once HPD issues a heat and hot water violation, which would be considered a C violation, it must be repaired immediately. And there is no guarantee that, even after a Board hearing, the problem will be fixed quickly. The sheriff is the only person who is allowed enforce the LTB order and make you move out. You could also call the Rental Housing Enforcement Unit (RHEU), a government office at 1-888-772-9277 (toll-free) or 416-585-7214. For example, the process for evicting a tenant for not paying their rent is not exactly the same as the process used when a tenant damages the unit. You should start preparing for the hearing as soon as possible. A previous LTB order or mediated agreement let you to stay in your unit as long as you met conditions that you and your landlord agreed to, but you didn't meet those conditions. In your request, you will need to explain why your situation is urgent. Try to get legal advice to make sure you ask for everything you might be entitled to in your case. Different situations have slightly different procedures. Beginning February 1, 2021, applicants can use a Visa, MasterCard or debit card to You can add extra pages if this is not enough room. A letter or phone call from a lawyer, community legal clinic, or student legal aid society might also convince your landlord to allow you to return to your home. My landlord wants to lock me out of my garage that is attached to the house. One of the first steps after you become a landlord is finding good tenants. If your landlord has made you leave the place that you rent but has not followed the RTA rules, you may have been “wrongfully evicted”. Sometimes, this can solve the problem. Fill out the basic information on the Board’s application form, 2. If you have been locked out illegally, you can try to solve the problem by contacting your landlord. Give dates and as much other detail as you can about the problem, for example: In Part 3 of the form, you choose what kind of orders you want the Board to make. If your landlord violates the law regarding the lockout—for example, illegally locked you out, locked you out without given you any notices, or locked you out on the wrong day—you can sue your landlord for: a civil penalty of one month’s rent plus $1,000. If the tenant fails to make the repairs within 3 days, or within a reasonable time, then a landlord can give a tenant a written termination notice to move out not less than 5 days after the notice is served. Bring copies of any documents (one for the LTB member and one for the landlord) you want to present. When the T2 form is complete, be sure to sign it. Explain the problem and ask for remedies, 3. If your place is covered by the Residential Tenancies Act, it is against the law for a landlord to evict you or change your locks without an order from the Landlord and Tenant Board. This is a legal eviction. A landlord may attempt to harass or intimidate a tenant as a form of retaliation or to get the tenant to move out. It matters because laws vary by location. A landlord can request in writing a tenant to repair damages. You could also call the Rental Housing Enforcement Unit (RHEU), a government office at 1-888-772-9277 (toll-free) or 416-585-7214. It is against the law for your landlord, a security guard, or anyone working for your landlord to make you leave or lock you out. However, sometimes a landlord will change the locks without getting an LTB eviction order. Learn when a landlord’s actions are harassment, when the actions are legal and what a tenant can do about it. You can get this application and the instructions on how to complete it at tribunalsontario.ca/ltb/forms, at any LTB office, or by phoning us at the numbers below. If your landlord, or anyone else, has evicted you or changed your locks without the Sheriff being there, it is probably an illegal lockout. In this scenario, a resident plans to move, turns in their notice to vacate, and meets all the terms of the lease. reasonable attorneys’ fees If you don't apply within 15 days of the date on the order, it will expire and the sheriff cannot make your landlord let you move back in. They will then schedule another day for you to come back to the Board once you’re back in your place, to talk about other remedies. At the hearing, both you and your landlord will have a chance to explain your side of the situation. How do I present my case? Think about whether your landlord is likely to change their behaviour. You can ask the Board to send you this form, or download it from the Board’s website. This is an illegal lockout. Steps to Justice is a collaborative project led by CLEO and is funded by: What can I do if my landlord locks me out illegally? For example, you may have been wrongfully evicted if. But often police officers will not get involved in this kind of situation. Once the LTB member (adjudicator) has heard what you and your landlord have to say, they will consider the evidence and arguments and issue an order. If you are not prepared or are missing important evidence, the Board probably won’t let you come back another day. Only a sheriff from the Court Enforcement Office can force you to move out. If you can’t get mail or phone calls at the rental unit, give a mailing address and phone number where you can be reached. The Board also has other powers. When your application form and request to shorten the time are completed, you have to file them with the Board. When a landlord wants to evict a tenant, the landlord must go through the court eviction process. It is best to apply to the Board within one year after the illegal eviction. The order may say you are allowed to stay in your unit or you may be told to move out. Make sure you identify your landlord correctly. Only a Sheriff can enforce an Eviction Order and force tenants to leave their homes. You must follow the right steps to get the Board to hear your case. If you are not sure who your landlord is, you can name whoever you make your rent cheques out to. Read the instructions carefully. If you want to get your place back, you should apply as soon as possible. Even with an order, only the Sheriff is allowed to physically evict you. An LTB member will decide whether or not to give you an earlier hearing date. They will not check with you first. The Board might mail the Notice of Hearing and a copy of your application to your landlord, or might require you to deliver it yourself, if there is not enough time to send it by mail. If the RHEU thinks that you may have been locked out illegally, they may contact your landlord to discuss it. That means you need to advertise. Can we settle without a hearing? A sheriff will only force you to move out if your landlord has received an eviction order from the LTB and you didn't move out by the date in the order. Even if you miss the payment deadline in the eviction order, you can still try to cancel the order before the Sheriff comes to lock you out. If you can’t find a temporary solution, call 211 or 311 and ask them for information about housing shelters in your area. The Board will schedule a hearing and give you a Notice of Hearing package. 1) You owe rent—if your lease allows it and your landlord follows very strict notice requirements (explained below), your landlord may be able to lock you out of your property, but your landlord must always give you a key and access to your property upon request; 2) Your landlord needs to do repairs or construction, or there is an emergency; or The member may announce the decision at the end of the hearing, or may wait and give the decision in the written order. For example, after a tenant's repeated destructive behavior, a landlord may consider changing the locks and putting the tenant's property out in the street. Lawyer's Assistant: OK. Got it. If an "Eviction Order" has been issued, then the Sheriff can have the locks changed but the landlord can not do it themselves. Provide your email address in case we need to contact you (optional). For example, if you don’t pay your rent 16 days after the rent is due, your landlord can, without notice, end your tenancy by changing the locks on the rental unit and evicting you.. You can also be evicted for not following the rules in your lease. Landlord and Tenant Board: The LTB is holding most hearings remotely, by phone, video, or in writing. 1) Landlords may NOT simply lock tenants out: to evict you, they must go through the courts. Cause, or a legal reason, may be necessary to terminate a tenancy regulated by rent control ordinances, however. Remember: A notice of termination is not an eviction order. An illegal eviction shows that your landlord is willing to break the law rather than deal with you reasonably. Illegal Lock-outs. If the Board finds that these expenses were reasonable and were caused by your landlord’s illegal actions, the Board can make your landlord pay for them. You should keep one copy of each document for yourself. Your landlord gives you a notice to end your tenancy. The Board can also order your landlord to pay you compensation for any losses or harm caused by the illegal eviction. Give the second copy to your landlord. This is because of an emergency order that stopped all time limits to start a case during that time. The Board can order your landlord to let you back in and to give you a key if the locks have been changed. Q10: Can the landlord lock me out of my apartment? Any other C violations, the Landlord has 24 hours to make the repair. If a landlord tries to get you out by shutting off water, heat or electricity that is a shut-off and is also illegal. You can also look at a copy of your tenancy agreement or any other letters or notices from your landlord. A10: If no "Eviction Order" has been issued by the Tribunal, no. So how can you advertise in a cost effective method to find a great tenant? The tenant can then lodge a complaint with the court and be granted a judgment against the landlord for up to $100 per day for the time that the landlord illegally kept his property. You can pay the filing fee by cash, credit card, debit card, certified cheque or money order (certified cheques and money orders must be made payable to the Minister of Finance). The relationship between landlord and tenant is not always peaceful. As any experienced landlord will attest, there are occasional tenants who do things that are so outrageous that the landlord is tempted to bypass normal legal protections and take direct and immediate action to protect the property.
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