After an eviction, Ontario tenants may still have protections under the Human Rights Code and other laws. This article explains how human rights law can apply to evictions, what evidence tenants should gather, how to file a claim with the Human Rights Tribunal of Ontario or the Landlord and Tenant Board when appropriate, and where to find immediate legal and community support. The guidance is written for renters facing eviction or who have already left their unit, with clear steps, example forms, and practical tips about deadlines, documentation, and seeking remedies. Use this as a starting point to understand options and protect your housing and human rights in Ontario.
Understanding human rights claims after eviction
Even after a tenant is evicted, the circumstances of that eviction can sometimes raise human rights issues. If an eviction was motivated by a protected ground such as disability, family status, race, religion, sex, or sexual orientation, a human rights complaint may be appropriate. Human rights claims follow a different process than tenancy disputes and are handled by the Human Rights Tribunal of Ontario.[1] The Landlord and Tenant Board handles many tenancy enforcement and eviction issues under the Residential Tenancies Act, 2006, but it does not replace a human rights application.[2][3]
What to document immediately
- Document the eviction notice, any emails or text messages, and dates of conversations with the landlord.
- Collect witness names and statements that show discriminatory comments or behaviour around the eviction.
- Keep records of medical notes or disability-related information if a disability was a factor in the eviction.
- Note deadlines and dates: when notices were served, when orders were issued, and when you vacated the unit.
When to choose the Human Rights Tribunal of Ontario (HRTO)
Use the HRTO when the eviction relates to discrimination under the Ontario Human Rights Code. Examples include evictions because of a tenants disability, family status, race, or gender. The HRTO can order remedies such as compensation for injury to dignity and, in some cases, reinstatement or changes to landlord practices. Start by reviewing the HRTO website to confirm how to apply and what evidence is required.[1]
Relevant official forms and how to use them
- HRTO Application Form: use this to file a human rights complaint when the eviction involves discrimination. Practical example: a tenant evicted after requesting a disability-related accommodation files this application to seek compensation and corrective orders.[1]
- Landlord and Tenant Board forms: use LTB forms if you have a tenancy dispute under the Residential Tenancies Act, 2006. Practical example: if you believe the eviction process or an eviction order was incorrectly applied, you may need an LTB application to challenge procedural errors.[2]
- Residential Tenancies Act, 2006 (RTA): consult the RTA text to understand statutory timelines and the types of remedies the LTB can grant. Practical example: check the RTA for notice requirements and enforcement steps if the eviction involved prohibited reasons or improper notice.[3]
How the processes differ
- The LTB handles tenancy disputes and enforcement under the Residential Tenancies Act.
- The HRTO deals with violations of the Human Rights Code and can order different remedies focused on discrimination.
- Sometimes both processes are relevant: a tenant may pursue an LTB remedy and a separate HRTO application when facts overlap.
Practical steps to prepare a claim
- Collect evidence: notices, photos, messages, witness names, medical or support documentation where applicable.
- Identify the correct form and jurisdiction: HRTO for discrimination, LTB for tenancy breaches.
- Meet deadlines: note any limitation periods for filing complaints and LTB appeals.
- Seek legal advice or community legal clinics early to review your evidence and options.
After a claim is filed: what to expect
After filing, you may be asked to provide additional documents, attend mediation, or appear at a hearing. Prepare concise, dated records and organize witness contact details. Keep copies of everything you submit. If you moved out, document your move-out condition and any forwarding address used by your landlord; this can be important if the tribunal or board needs to serve documents.
Options for immediate help
If you need help preparing a claim or understanding deadlines, contact a local legal clinic, tenant advocacy group, or the HRTO and LTB information centres. You can also search for new rental options while you pursue remedies; Find rental homes across Canada on Houseme may help find available listings quickly.
For moving out, security deposit questions and preparing for inspections, see How to Get Your Security Deposit Back with Interest When Moving Out and Moving Out Tips: A Tenant''s Guide to a Smooth Rental Exit.
FAQ
- Can I file a human rights complaint after Ive already been evicted?
- Yes. If the eviction was connected to a protected ground, you can file a complaint with the HRTO even after you have left the unit.
- Should I file with the HRTO or the Landlord and Tenant Board?
- File with the HRTO for discrimination claims under the Human Rights Code. Use the Landlord and Tenant Board for tenancy disputes and enforcement under the Residential Tenancies Act, 2006.
- What evidence helps a successful claim?
- Clear, dated records: notices, messages, photos, witness names, medical documentation, and any proof showing the link between the eviction and a protected characteristic.
How-To
- Decide the right forum: confirm whether your issue is discrimination (HRTO) or a tenancy breach (LTB).
- Gather documents: notices, photos, communications, and witness contacts.
- Complete the HRTO or LTB application form and attach evidence. Follow instructions on the official site for submitting forms.
- Submit before any applicable deadlines and keep proof of filing and service.
- Attend mediation or hearings, present your organized evidence, and ask for remedies that address both loss and any dignity harms.
Help and Support / Resources
- Human Rights Tribunal of Ontario
- Landlord and Tenant Board (Tribunals Ontario)
- Residential Tenancies Act, 2006 (Ontario)
