What Are My Rights After an Eviction Order in Canada?

Question from mjn, What Are My Rights After an Eviction Order in Canada?

Answer from AI:

If you’ve recently lost a hearing with the Landlord and Tenant Board (LTB) and are facing eviction, it’s crucial to understand your rights and the next steps you can take, especially when dealing with maintenance issues like mold and unauthorized entry by your landlord. Here’s a general overview of what you can do in such situations, bearing in mind that laws can vary by province in Canada.

Understanding Your Rights and Next Steps

Reviewing the LTB Decision: If you believe there was an error in the hearing process or have new evidence that wasn’t previously considered, you might have the option to request a review of the decision. The process and timelines for requesting a review can be strict, so it’s important to act quickly.

– Check the LTB’s guidelines on how to apply for a review or appeal. This usually involves filling out a specific form and providing a reason for the request, such as new evidence or a procedural error during the initial hearing.

Dealing with Maintenance Issues and Mold

Your landlord’s failure to maintain the property, leading to issues like mold, is a serious concern, especially when it affects your living conditions and health.

– Document all communication with your landlord regarding maintenance requests and the condition of your unit. This includes emails, texts, letters, and any responses you received.
– Take photos or videos of the affected areas as evidence of the mold and any damage to your property.
– You may also consider contacting local health or housing authorities to report the condition of your unit, as they can sometimes intervene in cases where health and safety are at risk.

Landlord Entry and Harassment

Landlords are required to provide proper notice before entering your unit, and there are specific rules about when and how they can do this. Forceful entry or harassment by your landlord is not acceptable.

– Review the Residential Tenancies Act or your province’s equivalent legislation to understand the rules about landlord entry. Generally, landlords must provide at least 24 hours’ written notice, state the reason for entry, and enter at a reasonable time.
– If your landlord is entering without notice, harassing you, or causing damage, you can contact the LTB or a local tenant advocacy group for advice on how to proceed. Documenting these incidents is crucial.

Seeking Legal Advice and Support

Given the complexity of your situation, consulting with a legal professional who specializes in tenant rights is highly recommended. They can provide advice tailored to your specific circumstances, including how to handle unauthorized entry and potential harassment by your landlord.

– Legal aid organizations and tenant advocacy groups can offer support and guidance. They may also be able to help you find legal representation if needed.

Immediate Concerns

If you feel unsafe or threatened by your landlord’s actions, consider contacting the police. Safety should be your top priority, especially if you’re afraid to be alone in the unit with your landlord present.

Remember, while this information provides a general overview, laws and regulations can vary significantly by province, and specific legal advice is essential in navigating your situation effectively. Consulting with a legal professional can help clarify your rights and the best course of action based on the details of your case.