Can a Tenant Be Evicted In the Winter?
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.
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.
Note: Please contact Theresa Forrest, Paralegal by phone at: (519) 902-4223 to discuss any specific questions that you may have.
Theresa Forrest, Paralegal provides Landlord Tenant Board services for clients located in London, Welland, Sarnia, Oakville, Grimsby, among other places.
NOTE: A significant quantity of online searches featuring “lawyers near me” or “best lawyer in” typically indicates an urgent requirement for proficient legal support rather than a precise job title. In Ontario, certified paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specified litigation matters. Advocacy, legal assessment, and procedural expertise are key elements of this function. Theresa Forrest, Paralegal provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.
