Challenge the notice

When your landlord gives you an eviction notice for any reason, this does not necessarily mean you will have to move out. If you think you have a good reason, you might decide to fight the notice.

Some reasons you might want to challenge this kind of notice are:

• You do not believe your landlord is really going to do the work they say they are planning.
• The work can be done without you moving out.
• Your landlord won’t be able to get a building permit.
• The work your landlord wants to do does not require a building permit.

You can also challenge the notice if the notice is not valid. For example, if the notice was given to you less than 120 days before the date you are supposed to move, or if it does not give all the information required by the Form N13, then the notice is not valid.

If you do not move, the landlord must then apply to the Landlord and Tenant Board for an eviction order. They will have to prove that they have followed the law and that they have a legal reason to make you move out.

You have the right to challenge the eviction notice at a hearing before a member of the Board and tell the member why you think you should not be evicted.