Is It True That a Tenant Cannot Be Evicted in the Winter?

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 urban myth belief that a residential tenant cannot be evicted in winter likely arises because of a misinterpretation between what may happen and what actually does happen.  There is actually nothing specifically stated within the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 (the "RTA"), as the law in Ontario that governs residential tenancies issues to prevent eviction during winter.  However, the RTA does contain section 83 which allows an adjudicator, being the decision maker of the Landlord Tenant Board, to decide cases using discretion.  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, Welland, Brantford, St Catharines, Niagara Falls, among other places!

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this web form.  Use this web form only to make 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: (519) 902-4223
E: theresa@croftradanllp.com

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.