Illegal Evictions in Ontario: What Counts and How to Fight Back

Comprehensive guide on illegal evictions in Ontario under the RTA. Learn what qualifies as an unlawful eviction, how tenants can respond with T2 applications, and the consequences landlords face for illegal lockouts, utility shutoffs, and bad-faith notices.

Illegal evictions continue to be a significant concern in Ontario, particularly during periods of housing pressure and LTB delays. Under the Residential Tenancies Act (RTA), landlords must follow strict procedures before a tenant can be removed from a unit. Any attempt to force a tenant out without an eviction order from the Landlord and Tenant Board (LTB) is considered an unlawful eviction.

This article explains what legally qualifies as an illegal eviction, the steps tenants can take to protect themselves, and the potential consequences for landlords who do not follow proper procedures.

What Qualifies as an Illegal Eviction

A landlord cannot evict a tenant without an official order enforced by the Sheriff's Office. The following actions are considered illegal evictions in Ontario:

Changing the Locks

A landlord cannot change or tamper with locks without giving the tenant a full set of replacement keys. Changing the locks to remove a tenant is unlawful.

Shutting Off Utilities

Intentionally stopping heat, water, or electricity to force a tenant out is illegal. Utility disruptions meant to pressure a tenant can result in significant penalties.

Physically Removing Belongings

A landlord cannot remove a tenant's possessions without an LTB eviction order. Doing so is considered an unauthorized eviction.

Using Threats or Harassment

Pressuring a tenant to move out through intimidation, harassment, or repeated interference violates the RTA.

Issuing False Notices

Serving an N12 or N13 notice for landlord's own use, renovation, or demolition without genuine intention is unlawful. The LTB may award compensation if the notice was given in bad faith.

How Tenants Can Respond to Illegal Evictions

Tenants have several options if they believe their landlord has attempted or completed an unlawful eviction:

Contact Local Authorities

Tenants may contact local police if a landlord attempts to forcefully remove them or change the locks illegally.

File a T2 Application

A T2 Application to the LTB allows tenants to seek:

Reinstatement to the unit
Compensation
Rent abatements
Additional monetary penalties for bad-faith actions

Document the Incident

Tenants should gather evidence such as:

Photos or videos
Communication logs
Utility records
Witness statements
Police reports

Accurate documentation strengthens a tenant's case before the LTB.

Seek Temporary Housing Support

Local housing services, community organizations, and tenant support groups may provide temporary assistance while the matter is addressed.

Consequences for Landlords Who Perform Illegal Evictions

Landlords who unlawfully evict tenants may face:

Mandatory compensation payments
Rent abatements
Administrative fines
Orders to reinstate the tenant
Damage awards for bad-faith notices
Potential involvement from local authorities

The LTB takes illegal evictions seriously, and penalties can be significant.

Common Mistakes or Misconceptions

"The tenant hasn't paid rent, so I can lock them out." Only the Sheriff can enforce an eviction.
"If I give a notice, they must move out." Notices alone never require a tenant to leave.
"Shutting off utilities is allowed if the tenant is behind." It is unlawful under the RTA.
"If the tenant is gone for a few days, I can remove their things." This is considered an illegal eviction.
"An N12 lets me take back the unit right away." The LTB must still authorize the eviction, and compensation may apply.

When to Seek Professional Assistance

A licensed paralegal can help when:

A tenant experiences an illegal lockout or utility shutoff
A landlord is unsure about the proper eviction process
A tenant needs to file a T2 Application
A landlord is accused of issuing a bad-faith N12 or N13 notice
Either party needs representation at an LTB hearing

Professional representation ensures rights are protected and legal procedures are followed correctly.

Sources

This article is for informational purposes only and does not constitute legal advice.