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Paralegal Can Assist Wrongfully Evicted Tenants Or Landlords Accused of Bad Faith Eviction

Being wrongfully evicted from your rental property can be a distressing experience, especially if it's due to your landlord's bad faith actions. In Ontario, tenants have rights, and a seasoned paralegal can be your strongest ally in seeking justice. In this article, we'll explore how an Ontario paralegal can help tenants who have been evicted for unjust reasons.

Understanding Wrongful Eviction in Ontario

Wrongful eviction occurs when a landlord terminates a tenancy without legal grounds, often in bad faith or due to improper motives. This can include situations where a landlord provides notice to end tenancy without valid reasons, misrepresents information, or otherwise breaches the Residential Tenancies Act.

Notice Requirements

Landlords must provide proper notice before terminating a tenancy. For most situations, this means providing at least 60 days' notice. In cases of eviction for non-payment of rent, the notice period is typically 14 days.

Landlords can only evict tenants for specific reasons outlined in the RTA, such as non-payment of rent, causing damage to the property, or using the property for illegal activities. Eviction without valid grounds is unlawful.

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Valid Reasons for Eviction

Prohibition of Retaliatory Eviction

Landlords cannot evict a tenant in retaliation for exercising their legal rights, such as requesting repairs or filing a complaint with the Landlord and Tenant Board.

Right to Dispute Eviction

Tenants have the right to dispute an eviction by filing an application with the Landlord and Tenant Board. This allows the tenant to present evidence and arguments against the eviction.

Right to Remain in the Unit

Until a legal eviction order is obtained from the Landlord and Tenant Board, the tenant has the right to remain in the rental unit. Self-help eviction (e.g., changing locks, removing belongings) is illegal.

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Right to a Fair Hearing

Tenants have the right to a fair and impartial hearing before the Landlord and Tenant Board. Both parties have an opportunity to present their case, call witnesses, and provide evidence.

Right to Compensation for Illegal Eviction

If a tenant is wrongfully evicted, they may be entitled to compensation for damages, moving costs, and any difference in rent for a comparable unit.

Right to Repossess Possessions

In cases of wrongful eviction, the tenant has the right to reclaim their possessions from the rental unit, even if the landlord has changed the locks.

Legal Cases On Wrongfully Evicted Tenants

Van Dusen v. Ontario (1996) - This case dealt with the issue of wrongful eviction and the duty of the landlord to provide adequate notice for eviction.

Gruenke v. Ontario Housing Corporation (2000) - This case addressed issues related to eviction and the landlord's duty to act in good faith.

Spiteri v. Campbell (2007) - This case focused on the landlord's duty to provide proper notice and adhere to eviction procedures under the Residential Tenancies Act.

Charlton v. British Columbia (2006) - While not an Ontario case, it is a notable Canadian Supreme Court decision regarding eviction, bad faith, and the importance of procedural fairness.

MTCC No. 1067 v. 1352595 Ontario Inc. (2015) - This case involves a condominium corporation's duty to act in good faith when evicting a tenant for breaching the condominium bylaws.

TSL-63200 v. Ontario (2018) - This case dealt with the issue of wrongful eviction and the duty of a landlord to provide adequate notice before terminating a tenancy.

Daga v. Ontario (2019) - This case involved an eviction dispute and the landlord's obligation to act in good faith when terminating a tenancy.

Bad Faith Eviction Solutions from Paralegal

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