What the Law Says
RTA s.20: Landlord must maintain unit in good repair and fit for habitation.
RTA s.23: Landlord cannot harass or interfere with reasonable enjoyment of unit.
What This Means
If your landlord allows the unit to become uninhabitable—no heat in winter, severe mold, pest infestations—they are constructively evicting you, even if they never serve formal papers.
You can break the lease without penalty, and sue for damages. You're not abandoning; the landlord made it impossible to live there.
Real Example
A landlord in Toronto had a unit with a major roof leak. The tenant reported it repeatedly for 6 months. The landlord did nothing. Mold grew, ceilings sagged, walls became damp. The tenant got sick, moved out, and broke the lease. The tenant filed a T2 for constructive eviction (harassment under RTA s.23 + maintenance violation under s.20). The LTB awarded $6,000 in damages plus compensation for moving costs.
What You Can Do
If landlord creates uninhabitable conditions:
- Document everything: photos, dates, repair requests
- File a T6 application (maintenance violation)
- File a T2 application (harassment/interference)
- Request urgent LTB hearing if conditions are serious
- You can break the lease and vacate without penalty
- Sue for moving costs and other damages
What the Law Says
"Constructive eviction" is not explicitly defined in the RTA, but it emerges from the combination of RTA s.20 (maintenance) and RTA s.23 (no harassment/interference with reasonable enjoyment).
When a landlord allows conditions to deteriorate to the point that the unit is uninhabitable or virtually uninhabitable, the tenant can argue they have been constructively evicted. They can:
- Treat the lease as broken (leave without penalty)
- Sue the landlord for damages
- File a T2/T6 application for compensation
RTA s.29: Tenants are protected from retaliation when they exercise their rights. If a landlord creates uninhabitable conditions in response to a tenant's complaint, that is retaliatory constructive eviction.
What is Constructive Eviction
Definition
Constructive eviction occurs when a landlord's action or inaction makes the rental unit so uninhabitable or unsuitable that a reasonable person would be forced to leave.
Key Elements
- Condition: The unit is uninhabitable or nearly so
- Landlord responsibility: The landlord caused, allowed, or failed to fix the condition
- Tenant departure: The tenant left as a result of the conditions
- Intentionality (sometimes): Landlord intended to force tenant out, or recklessly ignored the problem
Vs Actual Eviction
Actual eviction: Landlord files at LTB, gets order, police enforce removal
Constructive eviction: Landlord makes unit so bad that tenant chooses/is forced to leave. No formal eviction papers needed.
Similarities
Both result in tenant losing housing. Both may be illegal depending on the circumstances. Both can trigger damages.
Signs Your Landlord Wants You Out
Landlords sometimes use constructive eviction tactics when they want a tenant out. Watch for:
Neglect After Complaints
- Tenant reports broken heat → Landlord ignores for weeks/months
- Tenant complains about mold → Landlord does nothing
- Tenant requests roof repair → Landlord claims it's not urgent
Lack of Repairs Combined with Intimidation
Some landlords combine ignored repairs with harassment:
- "You're lucky I even rented to you"
- Threatening eviction for requesting repairs
- Yelling at tenant for complaints
- Entering frequently without notice while repairs aren't done
Selective Neglect (Only for Your Unit)
If other units have heat but yours doesn't, or other tenants get repairs quickly but you don't, this suggests deliberate constructive eviction targeting you.
Escalating Conditions
What starts as one small problem grows into multiple uninhabitable conditions. This pattern suggests the landlord is not maintaining the unit purposefully.
Deliberate Neglect of Repairs
How Deliberate Neglect Works
A landlord deliberately avoids repairs to make the unit uninhabitable:
- Ignoring requests: Tenant requests repair; landlord doesn't respond
- Broken promises: Landlord says "I'll fix it soon," but never does
- Fake repairs: Landlord does cosmetic patch instead of real fix
- Unreasonable delays: Months pass with no repair, conditions worsen
Evidence of Deliberateness
To show deliberate neglect (strengthens your case):
- Multiple repair requests over months (shows landlord knew about problem)
- Escalating conditions (shows landlord allowed it to worsen)
- Repairs made quickly in other units but not yours (selective neglect)
- Landlord's refusal despite having money (e.g., collecting rent but not fixing)
Examples
- No heat all winter: Tenant reports repeatedly; landlord ignores; by March, tenant is sick and moves out
- Roof leak becomes mold: Tenant reports leak in September; landlord does nothing; by December, half the unit has black mold
- Broken pipes damage: Pipes burst; landlord takes 2 months to fix; unit is uninhabitable; tenant breaks lease
Utility Shutoffs
RTA s.21: Utilities Cannot Be Shut Off
RTA s.21 explicitly forbids landlords from withholding essential services (heat, water, electricity) as a tactic to force a tenant out.
Types of Shutoffs
- Heat shutoff: Turning off furnace or boiler in winter
- Water shutoff: Turning off water valve to unit
- Electricity cutoff: Turning off power to unit
- Gas cutoff: Cutting gas supply if stove/heating uses it
- Internet/cable: If provided by landlord, shutoff can be harassment (depends on whether it's contractual)
How to Respond
- Document immediately (photos of thermostat, no water, etc.)
- Contact landlord demanding restoration within 24 hours, citing RTA s.21
- If emergency (freezing in winter), contact police or fire department
- If not restored, file urgent T2 or T6 at LTB
- Request emergency hearing (LTB can order restoration within days)
Refusing to Address Pest Issues
Pest Infestations as Maintenance Failure
RTA s.20 requires the landlord to maintain the unit in good repair. A serious pest infestation (bed bugs, cockroaches, rodents) violates this obligation.
Severe Pest Infestations
- Bed bugs: Bites on tenant's body; visible bugs in mattress/furniture; spread to belongings
- Cockroaches: Visible in kitchen, bathroom, crawling on food/clothes
- Rodents: Visible mice/rats, droppings, gnaw marks, disease risk
- Fleas/mites: If severe and untreated, can make unit uninhabitable
Landlord Refusing to Treat
If a landlord:
- Ignores pest complaints for weeks/months
- Claims pest treatment is tenant's responsibility
- Treats unit once then stops despite ongoing infestation
- Blames tenant for bringing pests in (in most cases, not tenant's fault)
What Tenant Can Do
- Document infestation (photos, videos, dates of sightings)
- Request landlord to hire pest control (in writing, with deadline)
- If landlord refuses, file municipal complaint (Health Department, bylaw)
- File T6 at LTB for maintenance violation
- If conditions are severe, file T2 for interference with reasonable enjoyment
- If forced to leave due to severity, claim constructive eviction
Documenting Constructive Eviction
Detailed Journal
Keep a comprehensive log of:
- Date you first noticed problem
- When you reported it (date, method: email, call, text)
- Landlord's response (or lack thereof)
- Condition progression (getting worse)
- Follow-up requests
- Impact on you (health, sleep, stress)
- When/why you vacated
Photos and Videos
- Photos of mold, water damage, pest droppings, broken fixtures
- Video tours showing multiple problems in different rooms
- Date stamps visible in photos (use phone camera with timestamp)
- Multiple photos over time showing deterioration
Communications
- Save all emails, texts, letters to/from landlord
- Print screen shots of texts and social media messages
- Keep proof of certified mail or email read receipts
- Note dates and times of phone calls (to whom, about what)
Health Records
If the uninhabitable conditions caused health problems:
- Doctor's notes about symptoms (mold-related illness, stress, etc.)
- Prescriptions for medication related to condition
- Hospital visits or urgent care visits
Financial Records
- Moving costs (movers, truck rental, storage)
- New rental deposits and first/last month rent
- Temporary housing (hotels, sublet, friends' place)
- Replacement of belongings damaged by mold/pests
- Cost of breaking lease early
Legal Remedies Available
Breaking the Lease
If constructively evicted, you can break the lease without penalty:
- You are not obligated to stay in an uninhabitable unit
- No need for landlord's permission to vacate
- Give notice but don't owe remaining rent after you leave
- Document the uninhabitable conditions in your notice
T2 Application for Compensation
File a T2 claiming:
- Harassment and interference with reasonable enjoyment (RTA s.23)
- Maintenance failure (RTA s.20)
- Constructive eviction as combined violation
Damages You Can Claim
- Moving costs: Moving company, truck rental, packing supplies
- New deposits: Deposit for new rental
- Rent difference: If new unit is more expensive
- Temporary housing: Hotels, sublets while finding new place
- Damaged belongings: Clothing, furniture ruined by mold/pests
- Emotional distress: Loss of home, stress, fear (general damages $1,000-$10,000+)
- Health costs: Medical treatment for mold exposure or pest-related illness
Process
- File T2 at LTB (even after you've vacated)
- Attach all documentation (journal, photos, emails, receipts)
- Request compensation for all costs and damages
- Attend hearing and present evidence
- LTB can order landlord to pay (may take months, but landlord is liable)
Key Statutes
- RTA s.20: Landlord must maintain unit in good repair and fit for habitation
- RTA s.21: Landlord cannot withhold services
- RTA s.22-23: Landlord cannot harass or interfere with reasonable enjoyment
- RTA s.29: Tenant protected from retaliation for exercising rights
- RTA s.57: Bad faith eviction remedy (also applies to constructive eviction)
- Common law: Implied covenant of good faith; tenant may have breach of contract claim