Can a Tenant Be Kicked Out in the Wintertime?

The Law Permits or Allows Eviction of a Tenant In Winter.  With That Said, The Better Question Is to Ask Whether the Landlord Tenant Board Will Actually Order an Eviction During Winter.

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.

Legal Eagle provides Landlord Tenant Board services for clients located in Woodstock, Grimsby, Hamilton, Stratford, Woodstock, among other places!

Need Help? 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 Legal Eagle

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 Legal Eagle representative.
Legal Eagle
Paralegal Solutions

476 Peel Street, 3rd Floor
Woodstock, Ontario,
N4S 1K1

P: (855) 695-7517
E: le-caseworkoffice@legaleagle.ca

Business
Hours:

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.