Can I be evicted during COVID-19?

With the economy, businesses facing enormous pressure due to the pandemic, and countless lives upended, there are many concerned about how to make ends meet. The question will arise – can you be evicted during COVID-19?

In short, no.

A landlord may not evict a tenant under the RTA by Sherriff’s eviction. They may not hire a private bailiff to evict you either.

Tenant rights are protected by Ontario’s Residential Tenancies Act (RTA). As of January 13, 2021 the Ontario government has made an order that stops Sherriff’s from evicting most tenants during the pandemic, specifically during the second state of emergency. Although this “freeze” is only in effect during the stay-at-home order there is a chance it may be extended.

If you think your landlord may evict you an application can be electronically filed at the Landlord and Tenant Board by clicking this link: https://www.efiling.ltb.sde.gov.on.ca/Application.aspx please note, there is a filing fee of $48.

Please note that eviction hearings are still being conducted and eviction orders can still be made by the LTB. Most eviction hearings are being held remotely by phone, videoconference or in writing. Sheriff’s cannot enforce the order unless the board specifies. This occurs when tenants are deemed unsafe or are accused of illegal conduct.

Should you want legal advice about your LTB matter you may contact our firm and our team of professionals will be pleased to assist you.

By Victoria Mlynarczyk
Email victoria at malickisanchezlaw dot com
About the author:
Victoria is a licensed paralegal with experience representing and assisting clients in landlord and tenant board matters and civil litigation.