Is Your Eviction Legal? How to Spot Landlord Retaliation in Ontario

If you’re renting in Ontario and have recently received an eviction notice, you might be worried about whether your eviction is fair—or even legal. Sometimes, landlords may try to evict tenants not for legitimate reasons, but because a tenant has exercised their legal rights (like requesting repairs or making a complaint). This is called landlord retaliation, and it is illegal in Ontario. Understanding your rights and the rules around eviction can help protect your home and peace of mind.

What Is Landlord Retaliation?

Landlord retaliation happens when a landlord tries to punish a tenant for asserting their rights—such as asking for repairs, reporting health or safety issues, or joining a tenants’ association. Common retaliatory actions include giving you an eviction notice, suddenly raising your rent, or refusing necessary services after you’ve spoken up.

Signs You May Be Facing Retaliation

  • Receiving an eviction notice shortly after requesting repairs or reporting unsafe conditions
  • Unexplained or excessive rent increases after making a complaint
  • Service reductions or threats immediately following your action (e.g., heat turned off, parking taken away)

Under the Residential Tenancies Act, 2006, it’s illegal for a landlord to evict or threaten to evict a tenant as a response to the tenant exercising their legal rights1.

When Is an Eviction Legal in Ontario?

Evictions must follow strict rules under Ontario law. You can only be evicted for valid legal reasons, and your landlord must use the correct process. Some legitimate reasons for eviction include non-payment of rent, disturbing other tenants, or the landlord (or their family member) genuinely needing to move in.

  • Your landlord must provide written notice using an official form, such as Form N4 (for non-payment of rent) or Form N5 (for interference or damage).
  • The notice must include the reason for eviction and the earliest termination date allowed by law.
  • You can challenge the eviction notice at a hearing with the Landlord and Tenant Board (LTB).

Eviction notices are not automatic orders to leave; only the LTB can issue a legal eviction order after a hearing.

Official Eviction Forms in Ontario

  • N4: Notice to End Your Tenancy for Non-payment of Rent
    View the official N4 form.
    Example: If you fall behind on rent, your landlord must serve you this notice before applying to evict.
  • N5: Notice for Interference, Damage or Overcrowding
    View the official N5 form.
    Example: If your landlord claims you caused damage or disturbed others, they serve this notice.

Always read any eviction notice carefully and check the official source to confirm its legitimacy.

Your Rights When You Report Problems

Ontario law protects tenants who make legitimate complaints—whether it’s about repairs, health and safety, or other legal rights. Landlords can’t evict, harass, or penalize you for:

  • Requesting urgent or routine repairs
  • Reporting unsafe living conditions or health hazards
  • Making a formal complaint to a government authority

For more about your right to safe housing, see Health and Safety Issues Every Tenant Should Know When Renting.

Know your rights: If you receive an eviction notice after making a complaint or asking for repairs, you have the right to challenge the eviction as possible retaliation.

How to Challenge a Retaliatory or Suspicious Eviction

If you believe your eviction is a form of retaliation, here’s what you can do:

  • Continue to pay rent and keep records of all communications
  • Document relevant details (dates, emails, maintenance requests, complaints filed)
  • Attend your hearing at the Landlord and Tenant Board to present your side
  • File your own application (Form T2 – Application About Tenant Rights) if you believe the eviction is retaliatory

Form T2: Application About Tenant Rights
Access Form T2 here.
Use this form if you wish to claim your landlord is trying to evict you for illegal reasons (like retaliation).

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Steps to File a T2 Application

  • Download and complete Form T2 from the LTB’s website
  • Attach evidence (emails, notices, photos, etc.) supporting your claim
  • Submit it online, by mail, or in person to the LTB
  • Attend your scheduled hearing and explain your situation

If the Board finds your landlord acted in retaliation, they can refuse the eviction and may order compensation.

Tip: Document everything—keep copies of repair requests, complaints, and communications with your landlord. Detailed records can be vital if your case goes before the Board.

Understanding Your Ongoing Rights and Responsibilities

Even if you are facing eviction, you must continue to meet your tenant obligations, such as paying rent and not causing damage. For a full breakdown of both tenant and landlord duties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If you want to explore more housing options or need to find a new place quickly, you can Browse apartments for rent in Canada easily on Houseme.

For a full summary of Ontario laws and tenant rights, see Tenant Rights in Ontario.

FAQ: Tenant Questions About Retaliation and Eviction

  1. What should I do if I suspect my landlord is evicting me out of retaliation?
    If you think your eviction is retaliatory, keep detailed records, continue paying rent, and file a T2 application with the Landlord and Tenant Board. A hearing will determine if the eviction is illegal.
  2. Is my landlord allowed to raise my rent after I complain?
    Ontario law prohibits landlords from increasing your rent or other retaliatory actions simply because you exercised your rights. Any significant changes could be challenged as retaliation, and rent increases must follow legal guidelines.
  3. What happens during a Landlord and Tenant Board hearing?
    Both tenant and landlord present their evidence. The Board reviews the facts and decides if the eviction or landlord’s actions were legal.
  4. Do I have to move out as soon as I get an eviction notice?
    No, an eviction notice is not an automatic order to leave. You only have to move if the Landlord and Tenant Board issues an official order after a hearing.
  5. How can I prove retaliation at the hearing?
    Bring detailed records: dates of complaints, copies of notices, and other evidence that show your eviction closely followed your actions in asserting your rights.

Key Takeaways for Ontario Tenants

  • Retaliatory evictions are illegal in Ontario. You have the right to challenge them at the Landlord and Tenant Board.
  • Keep written records whenever you request repairs or make complaints.
  • Eviction notice does not mean you must leave immediately—only the LTB can order an eviction.

Staying informed and organized empowers you to protect your rights and your home.

Need Help? Resources for Tenants

  1. Residential Tenancies Act, 2006, Ontario Legislation – Rights and Protections for Tenants
  2. Landlord and Tenant Board, Official Website
  3. Ontario Government Tenants’ Rights Guide, View resource

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