Question:
Can my landlord and cops kick me out with my 2 small kids after Nov. 1st in Toronto, Canada?
Liz
2007-10-30 07:36:08 UTC
I just moved in on September 29th, paid 1st and last. I do not have Nov . 1st rent due to welfare issues.
Four answers:
ghost orchid
2007-10-31 08:25:57 UTC
For the record, I'm taking this information from the most recent Ontario Residential Tenancies Act.



Yes, you can evicted from your home if you do not pay rent on the day it is due. However, you can only be evicted if the landlord gives you a Notice of Termination, and you can not be evicted until the 14th day after the notice is given (or only 7 days if you pay your rent on a daily or weekly basis). This notice must include the fact that the eviction can be avoided if you pay the amount due *before* the date it is to take effect.



So if your landlord gives you the Notice of Termination on November 1st, you can't be evicted until November 15th. If you pay your rent on November 14th, you can't be evicted anymore.



Right now, there are three organizations in Toronto you should call:



1. The Customer Service line for the Landlord and Tenant Board at 416-645-8080 (or outside of the 416 calling area, toll free at 1-888-332-3234). They will give you more information about your rights as a tenant and your landlord's rights. Explain to them that you paid first and last month's rent and ask them if that changes anything.



2. The Metro Tenant's Association hotline. They are geared to helping tenants, not landlords, figure out what their rights are and can also refer you to other organizations who can help you. Call them: 416-921-9494



2. If you receive a Notice of Termination, you should get legal help no matter what. You can find a community legal clinic which can help you; most have cheap or free services for people in financial need. Here is a list of community legal clinics in Toronto:



http://www.ontariotenants.ca/law/tenant.phtml#clinics



I hope this helps, and wish you & your family the best of luck!
24Special
2007-10-30 07:50:54 UTC
Unless you can get the welfare issues under control, you can use your last months rent to stay living there, but unless you can come up with the next month's rent then usually the sherrif not the cops will come and evict you, but first they give you a notice of eviction. But you must give them notice before your next months rent is due. I live in Woodstock On Canada and we have a womens emergency center the will take in you and your children and then help you to find housing. It's called the Women's Emergency Center Phone number is 519-539-4811. Maybe there is something like this in Toronto also that can help you and your children for now. I hope this helps Good Luck!!
smedrik
2007-10-30 07:47:33 UTC
Yes they can kick you out.



The eviction process usually takes about 60 days, however so you are not looking at being out on the streets until January.



Cold weather does not exempt you from the responsibility of paying rent. There are several rental assistance units as well as co-ops in Toronto. I suggest you register for one ASAP as the waiting lists can takes months. In the interim you will need to make alternate accommodation.



The only laws that apply to cold weather and living conditions are that there must be a working heat available to a tenant in order for the unit to be rented.



You can contact the local tenants board, there is definitely one in Toronto, although they may not be able to provide you with a solution they can act as a mediator to possibly work out a solution with your landlord or to perhaps assist you in finding more affordable accommodations.
Heather Honey
2007-10-30 07:41:46 UTC
best place to find the answer would be the website that covers the laws/statutes. not sure how that works in canada, but in us, it's the states that have control over this law. so i would try your province's website first and see if it's in there..


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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