When facing eviction proceedings at Ontario's Landlord and Tenant Board (LTB), tenants often don't realize they have options beyond simply accepting termination of their tenancy. Relief from eviction is a powerful legal remedy that can allow tenants to keep their homes even when landlords have proven grounds for termination. Understanding when and how this relief is granted can make the difference between homelessness and housing stability.
The Legal Foundation: Section 83 of the Residential Tenancies Act
Relief from eviction is governed by Section 83 of Ontario's Residential Tenancies Act (RTA), which gives the LTB discretionary power to refuse or delay eviction orders. This section recognizes that eviction should be a last resort, and that circumstances may warrant allowing tenancies to continue even when technical grounds for termination exist.
The LTB must consider "all the circumstances" when deciding whether to grant relief, balancing the interests of both landlords and tenants. This broad discretion allows adjudicators to craft solutions that address underlying problems while protecting tenants from unnecessary displacement.
Types of Relief Available
1. Conditional Relief
The most common form of relief involves allowing the tenancy to continue subject to specific conditions. This approach addresses the landlord's concerns while giving tenants an opportunity to remedy the situation.
In CM-v-DS-2018-TEL-93043-18, a tenant facing eviction for non-payment of rent was granted conditional relief in the form of a repayment plan. The tenant, who had been diagnosed with cancer and recently returned to work, was ordered to pay monthly amounts ranging from $600 to $682.54 over several months while continuing to pay new rent on time.
2. Postponed Eviction
Sometimes the LTB will grant the eviction but delay the termination date to give tenants more time to find alternative housing or address their circumstances.
3. Outright Dismissal
In cases where relief would be appropriate, the LTB may dismiss the landlord's application entirely, allowing the tenancy to continue without conditions.
When Relief Is Typically Granted
Financial Hardship with Realistic Recovery Plans
Tenants experiencing temporary financial difficulties often receive relief when they can demonstrate a realistic plan to address rent arrears.
DCP-v-BA-20160610 involved a new Canadian whose wife was ill and pregnant, requiring him to work fewer hours and pay for medical care out of pocket. After a motor vehicle accident further impacted his ability to work, he proposed a repayment plan. The LTB found it would not be unfair to grant relief, noting the tenant had never appeared before the Board previously and his circumstances were temporary.
Health-Related Circumstances
Medical issues that impact a tenant's ability to pay rent or comply with tenancy obligations often warrant relief.
In 12631521-Canada-Inc-v-Trudeau-20221122, a tenant was granted relief due to medical circumstances requiring frequent out-of-town appointments. The tenant's son had recently started working and could contribute to household expenses, making a payment plan feasible.
Disability Accommodation Issues
When tenant behavior is related to disability, the LTB often grants conditional relief that addresses both the landlord's concerns and the tenant's accommodation needs.
SE-v-PHC-20170531 involved a tenant who assaulted another tenant with a rock during a mutual altercation. Despite the illegal act, the LTB granted relief subject to the condition that the tenant not assault or have contact with the other party, recognizing the provocation and history of animosity between the parties.
Substantial Interference with Reasonable Solutions
When tenant behavior substantially interferes with others' enjoyment but can be addressed through reasonable conditions, relief is often granted.
PF-v-BG-and-NB-20151120 involved noise complaints from tenants whose elderly mother used a metal walker and whose child was running around. The LTB granted conditional relief requiring the tenants to install carpeting in their hallway within 30 days, providing a practical solution to the noise issue.
When Relief Is Typically Denied
Persistent Non-Compliance
Tenants with long histories of non-payment or repeated violations rarely receive relief, especially when they've previously been granted conditional orders they failed to follow.
Numbered-Company-v-M-L-and-K-M-20171010 involved tenants with "a long history of non-payment and late payment of rent" whose "promises to change were not credible." The LTB found that granting relief would likely result in further legal proceedings, which would be unfair to the landlord.
Inability to Afford the Unit
When tenants cannot demonstrate they can afford ongoing rent payments, relief is typically denied.
UK-and-RP-v-MD-20190822 involved a tenant whose own evidence showed she couldn't afford the rental unit unless she reduced expenses, and even then couldn't afford her proposed repayment plan. The LTB found it would be unfair to grant relief under these circumstances.
Serious Safety Concerns
When tenant actions create genuine safety risks, relief is usually denied.
Rajamukunthan-v-Hodge-20210614 involved a tenant's guest who threw objects and assaulted another person, seriously impairing safety. The LTB found it would be unfair to grant relief given the severity of the safety concerns.
Landlord's Own Use Applications
In cases where landlords genuinely need their property for personal use, relief is rarely granted unless exceptional circumstances exist.
TT-v-SR-and-GR-20160613 involved a landlord who genuinely intended to move into the rental unit. The LTB found it would be unfair to grant relief from eviction, recognizing the landlord's legitimate need for the property.
Factors the LTB Considers
Tenant Circumstances
- Length of tenancy: Long-term tenants often receive more consideration
- Payment history: Previous compliance with tenancy obligations
- Reason for default: Whether circumstances are temporary or ongoing
- Ability to remedy: Realistic prospects for addressing the problem
- Vulnerability: Age, disability, family circumstances, availability of alternative housing
Landlord Circumstances
- Financial impact: How the tenant's actions affect the landlord
- Previous accommodation: Whether the landlord has already been lenient
- Type of landlord: Individual vs. corporate landlords may be treated differently
- Legitimate needs: Whether the landlord has genuine reasons for seeking eviction
Broader Considerations
- Impact on other tenants: How the tenant's actions affect neighbors
- Public policy: Whether relief serves broader housing stability goals
- Precedent: Consistency with similar cases
Strategic Considerations for Tenants
Presenting a Strong Case for Relief
- Be Realistic: Propose payment plans or behavioral changes you can actually follow
- Show Good Faith: Demonstrate efforts to address the underlying problem
- Provide Documentation: Medical records, employment letters, or other supporting evidence
- Address Landlord Concerns: Acknowledge the impact of your actions and propose solutions
- Attend the Hearing: Your presence shows commitment to resolving the issue
Common Mistakes to Avoid
- Unrealistic Promises: Don't propose payment plans you can't afford
- Ignoring the Problem: Acknowledge the landlord's legitimate concerns
- Lack of Preparation: Come to the hearing with a concrete plan
- Repeated Defaults: Understand that previous relief affects future applications
The Role of Representation
While tenants can represent themselves, having legal representation or a paralegal can significantly improve the chances of obtaining relief. Representatives understand how to frame arguments effectively and what evidence the LTB finds persuasive.
2867471-Ontario-Inc-v-Bell-20220224 demonstrates how tenants can successfully argue for relief even in persistent late payment cases by presenting evidence of improved circumstances and realistic compliance plans.
Mandatory vs. Discretionary Relief
Section 83(3): Mandatory Relief
In limited circumstances, the RTA requires the LTB to refuse eviction:
- Serious Breach by Landlord: When landlords are in serious breach of their responsibilities
- Retaliation: When eviction applications are filed in retaliation for tenant complaints
Section 83(1): Discretionary Relief
Most relief applications fall under the LTB's general discretionary power, where adjudicators weigh all circumstances to determine what would be fair.
Recent Trends and Considerations
Impact of COVID-19
The pandemic significantly influenced relief decisions, with the LTB showing increased willingness to grant relief for tenants experiencing financial hardship due to job loss or reduced income.
Housing Crisis Considerations
Ontario's housing shortage has led to increased recognition that eviction should be avoided when possible, as finding alternative housing has become increasingly difficult for many tenants.
Emphasis on Problem-Solving
Recent decisions show the LTB's preference for solutions that address underlying issues rather than simply terminating tenancies, particularly in cases involving disability accommodation or temporary financial hardship.
Practical Implications
For Tenants
- Early Action: Address problems before they escalate to eviction proceedings
- Documentation: Keep records of circumstances that might support relief applications
- Communication: Maintain open dialogue with landlords when possible
- Realistic Planning: Only request relief you can realistically comply with
For Landlords
- Consider Alternatives: Explore solutions before filing eviction applications
- Document Issues: Maintain detailed records of tenant violations
- Show Accommodation: Demonstrate efforts to work with tenants when appropriate
- Understand Limits: Recognize when relief is likely to be granted
Key Takeaways
- Relief is Available: Eviction is not automatic even when grounds exist
- Circumstances Matter: The LTB considers the full picture, not just technical violations
- Realistic Plans Work: Tenants who propose achievable solutions often receive relief
- History Counts: Previous compliance and good faith efforts influence decisions
- Safety is Paramount: Serious safety concerns typically override other considerations
- Preparation is Essential: Well-prepared applications have better success rates
Relief from eviction represents a crucial safety net in Ontario's rental housing system, recognizing that housing stability serves important social and economic purposes. While not every tenant will qualify for relief, understanding the criteria and process can help both tenants and landlords navigate eviction proceedings more effectively.
The key to successful relief applications lies in honest assessment of circumstances, realistic planning for compliance, and clear demonstration of how relief serves the interests of justice. For tenants facing eviction, relief from eviction may provide the second chance needed to maintain housing stability and address underlying challenges.
As Ontario continues to grapple with housing affordability and availability challenges, relief from eviction remains an important tool for preventing unnecessary displacement while ensuring landlords' legitimate rights are protected. Understanding how this system works benefits everyone involved in the rental housing market.
