If your landlord has told you to move out, or given you a written notice of eviction, call the Kingston Community Legal Clinic - 613-541-0777 or The Community and Family Services Housing Resource Centre immediately. We can tell you if the eviction is legal and help you through the process. You may be able to avoid or delay eviction if you get legal help.
If you have rent arrears and may be evicted, you may be able to get assistance through The Salvation Army Community and Family Services Housing Prevention and Diversion Program or other local sources.
The Residential Tenancies Act gives a number of reasons for eviction. You can be evicted if:
- you do not pay your rent
- you often pay your rent late
- you or a guest commit an illegal act on the property or cause damage or problems for the landlord or other tenants
- the landlord or a member of his or her immediate family wants to move in
You can't be evicted for having a pet unless it is proven that the pet is causing problems for other people in the building.
If you share a kitchen or bathroom with the owner or a member of the owner's immediate family, you are not covered by the Residential Tenancies Act, and can be asked to leave without notice or return of rent paid.
If your housing is covered by the Residential Tenancies Act, your landlord cannot make you move out unless he or she goes through the eviction process at the Landlord Tenant Board. For a legal eviction, your landlord must first give you a Notice To Terminate a Tenancy (N4). If you owe rent, or if you or a guest have caused problems, the Notice gives you time to pay your rent, stop causing the problem, or fix any damage. If you don't pay your rent or fix the problem by the deadline, your landlord can file an application to Terminate a Tenancy. The Landlord Tenant Board will mail you a copy of the application with a Notice of Hearing telling you when you must appear at the Board.
You may be able to stop the application before the hearing if you pay the amount owing to your landlord or make a written agreement with your landlord. If you are unable to stop the application, you must attend your hearing before the Board. At your hearing, you may be able to mediate or negotiate a settlement that avoids eviction. If you do not go to your hearing, your landlord may get an eviction order from the Board. Contact The Kingston Community Legal Clinic for legal advice before you attend your hearing. The Legal Clinic can give you advice about Board notices, repayment plans, and documentation to take to a hearing. You can also speak to the Duty Council the day of your hearing. If the Board issues an order for eviction, contact the Legal Clinic and the Housing Resource Centre to find out your options. You may be able to prevent the eviction. If the order is for rent arrears, you may be able to stop the eviction by paying all the arrears and the landlord's application fees. You may be able to stop the eviction right up to the time the sheriff comes to change the locks. If you are evicted, call The Salvation Army Community and Family Services Housing Resource Centre. We can give you vacancy listings to help you find new housing, information on shelters if you become homeless, as well as information about funds you may be eligible for to assist you with last month's rent deposit.