Retaliatory eviction is when a landlord tries to evict, raise rent, or refuse repairs because a tenant complained about problems or exercised legal rights. In Ontario tenants have protections under the Residential Tenancies Act that prohibit many kinds of retaliation, but knowing how the rules work helps you stay safe. This guide explains common scenarios, how to document issues, which official forms and deadlines apply, and practical steps to file a complaint with the Landlord and Tenant Board. It also covers penalties landlords may face and what remedies tenants can seek. Use this information to protect your housing, keep evidence, and act promptly if you suspect you are being targeted for asserting your rights.
Understanding retaliatory eviction in Ontario
Retaliation can take many forms: a sudden eviction notice after you ask for repairs, a steep rent increase after a complaint, or harassment intended to make you leave. The Residential Tenancies Act, 2006 sets out tenant protections and defines prohibited practices; if you believe a landlord is acting in retaliation you can apply to the Landlord and Tenant Board for relief.[2] The Board administers hearings and decisions on tenancy disputes in Ontario.[1]
Common examples of retaliation
- Serving an eviction notice shortly after a tenant reports health or safety issues.
- Sudden rent increases or extra fees after a tenant complains about the unit.
- Repeated threats to enter a unit without proper notice to intimidate a tenant.
What to document
- Photos or videos of the problem (mold, leaks, lack of heat) with dates and descriptions.
- Copies of written requests for repairs, emails, and text messages showing you asked the landlord to fix issues.
- A log of phone calls, in-person conversations (date, time, summary) and names of anyone involved.
How to respond and file a complaint
If you suspect retaliation, act promptly: keep your evidence, make a written request for repairs or responses, and consider applying to the Landlord and Tenant Board. The Board’s forms and filing instructions are available on its official site, including applications that tenants or landlords use depending on the issue.[3] You may also want to review your rights and obligations to ensure your own actions align with tenancy rules; see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more on duties and expectations.
- Document the issue: save photos, messages, and a dated log of events.
- Request repairs or fixes in writing and keep a copy of your communication.
- File the appropriate application with the Landlord and Tenant Board; follow the forms page for the correct form and filing method.[3]
- Attend the hearing, bring original evidence and witnesses if available, and be prepared to explain how the landlord’s actions were linked to your complaint or exercised rights.
Penalties and remedies
The Landlord and Tenant Board can order remedies when retaliation is proven. Remedies may include compensation for losses, cancellation of an eviction or rent increase, and orders requiring the landlord to stop the retaliatory behaviour. In some cases the Board can award costs or fines to a landlord who acted improperly.
- Orders to stop the retaliatory conduct and reverse eviction notices or improper rent increases.
- Monetary compensation for lost belongings, illegal charges, or other financial harms suffered by the tenant.
- Costs or orders following a hearing if the Board finds the landlord acted in bad faith.
FAQ
- What exactly counts as retaliatory eviction?
- Retaliatory eviction is any eviction, penalty, or action taken because a tenant complained about repairs, exercised a legal right, or joined a tenant group; context and timing are often important.
- How quickly must I act if I suspect retaliation?
- Act as soon as possible: gather evidence, make written requests for fixes, and consider filing an application with the Landlord and Tenant Board within the timelines set by the Board.
- Can I be evicted for complaining about health or safety?
- No — complaining about health or safety issues is a protected activity and cannot be the lawful sole reason for eviction if it is retaliatory; you can apply to the Board for relief.
How-To
- Collect dated evidence: photos, videos, messages, and a written log of events.
- Send a clear written request to your landlord asking for repair or resolution and keep a copy.
- Check the Landlord and Tenant Board forms page and submit the appropriate application with supporting documents.[3]
- Prepare for the hearing: organize documents, prepare a short timeline, and consider witnesses or written statements.
Help and Support / Resources
- Landlord and Tenant Board - Tribunals Ontario
- Residential Tenancies Act, 2006
- Landlord and Tenant Board Forms and Filing Information
