Housing Law Resource – COVID-19 Evictions for non-payment of rent – CLEO
Reviewed: October 13, 2020
| How will I know if my landlord has applied to the LTB to evict me? | The LTB will send you a Notice of Hearing and a copy of your landlord’s L1 application by mail or email. During the COVID-19 pandemic, hearings are being held by telephone or video. The Notice will tell you the date and time of the hearing, and how to call in or connect. | Tip: You can also call the LTB at 1-888-332-3234 to ask if your landlord has filed an eviction application. |
| Can I stop the eviction process before the hearing? | You can stop the eviction by paying what you owe plus the filing fee your landlord paid to the LTB. Or you can make a repayment agreement with your landlord. The agreement will set out how much you have to pay, and when. | Be careful about what you agree to. If you make an agreement and then do not follow it, your landlord might be able to get an eviction order without a hearing. |
| How can I prepare for my hearing? | This depends on the issues in your case. You need to think about what you will say at the hearing, and to collect any evidence you want to use. It is best to get legal advice before your hearing. | Note: If you think you might have trouble calling in or connecting to the hearing, tell the LTB right away. |
| What is evidence and how do I submit it? | Evidence is what you and any witnesses say at the hearing. It’s also any documents that help prove what you are saying is true. To use documents as evidence, you must send them to both your landlord and the LTB before the hearing. Their email addresses will be on the Notice of Hearing. | Tip: It can take time to collect documents, letters or records so it is best to start right away. Tip: If you can’t scan a document, you can take a photo of it from your phone. |
| What if my landlord says I owe more rent than I think I owe? | If you don’t agree with the amount the landlord is asking, get evidence to show why your landlord is wrong. For example:
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Tip: Ask your landlord for a rent ledger, which is a record of all the rent payments made by date. Then you can check if all the payments you’ve made are written in the ledger. |
| What if I couldn’t pay my rent because of the Covid-19 pandemic? | The LTB must take into account why you couldn’t pay your rent, for example if you:
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Tip: Get evidence to show how you were affected by the pandemic. Evidence can include things like:
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| What else can the LTB take into account? | The LTB must look at the whole situation. They can let you stay if that wouldn’t be unfair to your landlord. Make sure to explain how being evicted would affect you or your family. Think about what evidence you can get to back up what you say. | The law says the LTB must let you stay if your landlord is trying to evict you because you tried to stand up for your rights, or because you have children. |
| I do owe rent, I just need more time. Can I ask the Board for time to pay? | At your hearing, you can tell the LTB why you need more time to pay. Suggest a repayment plan that is realistic. Remember you will have to make your regular rent payments too. Bring evidence to show your financial situation and why you can’t pay it off faster. | Note: If the LTB orders a repayment plan and then you miss a payment, your landlord may be able to get an eviction order without another hearing. |
| What if the LTB won’t give me a repayment plan at my hearing? | Usually the worst that can happen is that the LTB makes a “standard order” giving you 11 days to pay everything you owe to stop the eviction. If you don’t pay, on the 12th day after the order the landlord can tell the Sheriff to schedule the eviction. | To stop the eviction by paying up after the hearing, you must follow exactly the right steps. This tip sheet from acto.ca explains what to do. |
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For legal advice:
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For more information:
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