Facing criminal charges can leave renters uncertain about whether they can be evicted and what steps protect their tenancy in Ontario. This guide explains what landlords may legally do, how tenancy law and the Landlord and Tenant Board handle allegations tied to criminal activity, and practical steps tenants can take to respond. It covers official notices, key forms, timelines, and how to gather evidence, communicate with your landlord, and prepare for tribunal hearings. The language is plain and focused on tenant rights, documentation, housing safety, and next steps so you can make informed choices and avoid inadvertent forfeiture of housing.
How Ontario law treats criminal charges
Landlords cannot evict a tenant without following the Residential Tenancies Act, 2006 and the Landlord and Tenant Board process. The Board decides whether alleged illegal activity warrants ending a tenancy; criminal charges alone do not automatically result in eviction without an adjudication or a valid notice and application.[1][2]
What landlords commonly do after charges
- Serve a notice claiming illegal activity or disturbance, then apply to the Landlord and Tenant Board for eviction.
- Seek immediate termination if they allege severe criminal conduct affecting safety.
- Request an expedited hearing in urgent situations involving safety risks.
If you receive a notice, read it carefully to see the specific grounds and any deadlines to respond. Consider reviewing tenancy guidance specific to Ontario and your rights as a renter, and check your rental agreement for behaviour clauses.[2] For more on provincial tenant rights, see Tenant Rights and Landlord Rights in Ontario and for post-lease obligations view What Tenants Need to Know After Signing the Rental Agreement.
Immediate steps tenants should take
- Document everything: dates, witnesses, photos, text messages, emails and any police documents or court dates.
- Keep the original notice and note the date it was served and any deadlines it lists.
- Contact legal aid, a clinic, or tenant advisory services promptly to learn options and timelines.
- If your landlord applies to the Board, prepare to attend the hearing and bring all evidence and witnesses.
Notices and official forms
In Ontario landlords typically use a written notice explaining the reason for ending a tenancy; for conduct-related issues they may use notices under the Residential Tenancies Act and then file an application with the Landlord and Tenant Board to seek eviction.[1][2]
- Notice to End a Tenancy for Interfering with Others, Damage or Overcrowding (commonly cited as Form N5) — used when a landlord alleges serious interference or damage; example: landlord alleges repeated violent behaviour that breaches the lease and serves this notice before applying to the Board.
- Application to the Landlord and Tenant Board — the landlord files an application asking the Board to terminate the tenancy and schedule a hearing; tenants receive the application and hearing details and can file a written response or attend the hearing to contest it.
Preparing for a Board hearing
- Organize evidence: copies of notices, photos, messages, witness statements, police or court documents and any repair or safety records.
- Arrange witnesses or written statements from neighbours or others who can confirm facts relevant to the hearing.
- Consider legal advice or duty counsel at the hearing; community legal clinics may provide free help depending on eligibility.
FAQ
- Can I be evicted just because I have been charged with a crime?
- Not automatically; charges alone do not end a tenancy. A landlord must follow the Residential Tenancies Act and get a decision from the Landlord and Tenant Board to evict.
- What should I do if I get a notice about illegal activity?
- Read the notice, note any deadlines, gather evidence, seek legal advice, and attend any Board hearing to present your case.
- Will a criminal conviction always lead to eviction?
- Conviction may be considered in Board decisions, but the Board evaluates whether termination is reasonable given safety, severity, and tenancy factors.
How-To
- Read the notice carefully and note the deadline and reason given.
- Respond within any stated time or contact tenant assistance within days of receiving the notice.
- Collect and copy evidence: messages, photos, repair records and witness names.
- Seek legal advice or legal aid and ask about representation or duty counsel before the hearing.
- Prepare to attend the Landlord and Tenant Board hearing with your evidence and witnesses.
- If eviction proceeds, look for alternate housing options and ask about timelines for vacating.
Help and Support / Resources
- Landlord and Tenant Board (eviction process and hearings)
- Residential Tenancies Act, 2006
- Eviction process in Ontario (official guidance)
