Can a Tenant Be Evicted During the Winter In Ontario?

The Belief That a Tenant Cannot Be Evicted In the Winter Is Urban Myth Often Based on a Misperception of the Hardship Discretion Sometimes Used By the Landlord Tenant Board.

Notice to Evict The belief that a residential tenant cannot be evicted during the winter is false.  There is nothing within the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 (the "RTA"), being the law that governs residential tenancies, that prevents a wintertime eviction; however, the RTA does contain section 83 which provides an adjudicator at a hearing of the Landlord Tenant Board to make discretionary decisions that may involve delaying an eviction and the reasoning for doing so may be because it is winter.  Accordingly, the adjudicator may choose to refrain from issuing an Order to Evict during the winter months or may choose to issue an Order to Evict with a delayed eviction date.  It seems that whereas an adjudicator may refrain from issuing an Order to Evict because it is wintertime, the urban myth was born that a tenant cannot be evicted during the wintertime.  Of course, this is a false truth, meaning a perception based on misunderstanding.  The misunderstanding arises when people misinterpret the reason that an adjudicator may refrain from issuing an Order to Evict in the wintertime whereas such a decision is a choice based on a discretion.  The adjudicator may choose such a discretion out of concern for the hardship that a wintertime eviction would cause rather than because of any mandate in law.

To Your Defence provides Landlord Tenant Board services for clients located in Britt, French River, Espanola, West Nipissing, Bracebridge, among other places!
Get a FREE ½ HOUR CONSULTATION

Do You Have a Case? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to To Your Defence

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a To Your Defence representative.
Mailing Address

Post Office Box 99
Britt, Ontario,
P0G 1B0

P: (705) 346-4644
E: info@toyourdefence.com

Meeting Location

1500 Paris Street, Unit 13
Sudbury, Ontario,
P3E 3B8

P: (705) 346-4644
E: info@toyourdefence.com

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.

Providing Legal Help within these Areas and More:

Among other areas in Ontario, Canada

To Your Defence
Paralegal Services

SSL Secured
Trust https://toyourdefence.com


Animated Spinner