Illegal Eviction

What the Law Says

Ontario's Residential Tenancies Act (RTA) explicitly protects tenants from illegal eviction. Landlords cannot evict tenants except through the Landlord and Tenant Board (LTB) using specific legal processes.

RTA s.39: "A landlord shall not lock out a tenant or prevent a tenant from exercising a right under this Act." This section is absolute—there are no exceptions.

RTA s.83: The LTB must consider all circumstances when deciding whether to grant an eviction order, including whether a landlord has acted in bad faith or engaged in improper conduct.

RTA s.57: A tenant can apply to the LTB if evicted in retaliation or for a bad faith purpose, and can seek compensation and reinstatement.

Warning Signs

Watch for these red flags that your landlord may be attempting an illegal eviction:

• Verbal threats: "Get out or I'll lock you out," "Leave or I'll evict you," without formal paperwork.
• Notices without LTB involvement:A landlord's own "eviction notice" that doesn't follow RTA rules.
• Pressure to leave voluntarily:"Sign this release and leave, and I won't take you to the LTB."
• Threats to cut utilities or services: Turning off heat, water, or electricity to force you out.
• Changed locks: Finding you cannot access your unit.
• Belongings removed: Your furniture or possessions moved out without your consent.

Key Point: Only formal eviction processes through the LTB are legal. Anything else—lockouts, threats, utility shutoffs—is illegal.

Types of Illegal Eviction

1. Lockouts

A lockout occurs when a landlord changes the locks, boards up the unit, removes your belongings, or prevents you from entering without an LTB order. This is the most egregious form of illegal eviction.

Even if you owe rent or have caused damage, the landlord cannot lockout. They must go to the LTB. A lockout is an immediate violation of RTA s.39.

2. Bad Faith N12 Evictions

An N12 notice is served when a landlord, property manager, or landlord's family wants to occupy the unit personally. However, many N12s are filed in bad faith—the landlord never actually moves in, or serves it to drive up rent or get rid of a troublemaker tenant.

Under RTA s.83 and case law, if the LTB finds bad faith:

• The eviction order is refused
• You are entitled to stay and remain a tenant at the original rent
• You can claim compensation (often 1 year's rent)

3. Intimidation and Threats

Landlords sometimes use intimidation to force tenants out: threats of eviction, yelling, entering without notice, or implying consequences for complaining. While some intimidation may also constitute harassment, intimidation in an eviction context is illegal because it bypasses the LTB.

4. Pressure to Accept "Cash-for-Keys"

A landlord offers money to leave voluntarily. While not inherently illegal, this is often used as an alternative to eviction and can be coercive. If the landlord threatens to evict if you don't accept, this becomes illegal pressure.

5. Utility Shutoffs and Service Interference

RTA s.21 prohibits landlords from withholding services. Cutting heat, water, electricity, or other essential services is both a separate violation and an attempt at constructive eviction.

What to Document

If you experience or suspect illegal eviction, documentation is critical for your LTB application.

• Dates and times: When the lockout or threat occurred
• Photos/videos: Changed locks, boarded windows, removed belongings, police at the door
• Written communications: Texts, emails, letters from the landlord threatening eviction
• Witness statements: Names of people who saw the lockout or heard threats
• Police report number: If you filed a report for unlawful eviction
• Journal entries: Your account of what happened, when, and how you were affected
• Lease and payments: Evidence you were a lawful tenant and paid rent

How to Respond

If You Are Locked Out

1. Call police: Report unlawful eviction. Request a report number.
2. Do not leave: Stay with friends or family if you cannot access your unit, but do not abandon it.
3. Contact a legal clinic: Within 24 hours, reach out to your local clinic or tenant union for emergency assistance.
4. File an urgent T2 application:You can apply to the LTB for an urgent hearing (within days) if you are locked out.

If You Receive a Suspicious Notice

If your landlord serves notice that doesn't follow RTA rules (e.g., not 24+ hours advance notice, not on proper form, not signed):

1. Do not vacate
2. Save the notice and document when you received it
3. Contact a legal clinic to review whether the notice is valid
4. If the landlord files at the LTB, you can defend yourself

If Faced with Threats or Intimidation

1. Record or write down exactly what was said and when
2. If threats escalate, call police for your safety
3. File a T2 application alleging harassment and interference with reasonable enjoyment
4. Contact a legal clinic for advice on whether to move or stand your ground

Filing T2 and T5 Applications

T2 Application (Tenant Complaint)

A T2 is filed by a tenant to claim the landlord has violated the RTA. You can use a T2 to claim:

• Lockout (RTA s.39)
• Harassment or interference with reasonable enjoyment (RTA s.22-23)
• Bad faith eviction (RTA s.83) – though this is often defended through an eviction case
• Utility shutoffs (RTA s.21)

The T2 is filed with the LTB (Ontario.ca/ltb). The LTB will schedule a hearing, and the landlord must respond. If you win, remedies include reinstatement, rent abatement, and compensation.

T5 Application (Landlord Abuse)

A T5 is rarely used today, but historically was filed for serious landlord misconduct. Most unlawful eviction claims are now brought as defenses in eviction cases or as T2 applications.

Defending Against an N4 or Other Notice

If your landlord files an eviction case at the LTB (e.g., N4 for non-payment), and you believe the eviction is in bad faith or illegal, you can:

• Attend the hearing and present your defense
• Argue that the LTB should refuse the order under RTA s.83 because of bad faith or illegal conduct
• File a counterclaim for compensation
• Request RTA s.57 remedies (reinstatement and damages) if there is bad faith

Compensation Available

Reinstatement

If you are illegally locked out, the LTB will order your reinstatement to the unit. Police may enforce this order.

Rent Abatement

If your unit was uninhabitable during the period of illegal conduct, you may be entitled to abate (reduce) rent proportionally to the period affected.

Damage Awards

Under RTA s.57 or s.83, the LTB can award damages for:

• Bad faith eviction: Up to 1 year's rent, or more in severe cases
• Harassment: General damages for emotional distress (typically $500-$5,000+)
• Out-of-pocket expenses: Moving costs, hotels, storage if you were illegally displaced
• Legal fees: In rare cases, LTB may award some legal costs

Rent Freeze

If a bad faith N12 is found, you typically remain a tenant at your current rent rate (no increases) until you choose to leave.

Key Statutes

• RTA s.20: Landlord must maintain the unit in a state of good repair
• RTA s.21: Landlord cannot withhold or reduce a service (heat, water, electricity)
• RTA s.22-23: Landlord cannot harass or interfere with reasonable enjoyment
• RTA s.39: Landlord cannot lock out a tenant
• RTA s.57: Tenant applications for bad faith eviction and damages
• RTA s.83: LTB must consider all circumstances, including bad faith
• RTA s.203: Penalties for breach (up to $50,000 for individuals)