Can I stop being evicted if my landlord is ignoring repairs?

The situation

I live in an apartment in Ontario and have been here for about two years. Since last November, I have been dealing with a massive leak in the bathroom ceiling that has caused mould to grow, and the landlord has completely ignored my requests to fix it. I even had to call the local housing inspector last month because the dampness was getting so bad, and the inspector confirmed it is a health issue. Now, out of nowhere, my landlord has served me with an eviction notice claiming they want the unit back for personal use. I am terrified because I have always paid my rent on time, including my last three pay cheques, and I have never been a problem tenant. I have already tried talking to the landlord directly and even sent a formal letter about the mould, but they just ignored me and went straight to the eviction paperwork. Since the landlord is clearly failing to maintain the place and is only trying to kick me out because I reported the safety issues to the authorities, is there any way the board can refuse to let me be evicted or at least give me more time to find a new place?

Detailed Analysis

Under the Residential Tenancies Act, the Landlord and Tenant Board (the Board) has significant power to protect tenants from unfair evictions. In your specific case, because your landlord is claiming they want the unit back for personal use, the Board must evaluate the situation carefully.

According to the law, the Board is required to refuse an eviction application in certain circumstances. Specifically, the Board "shall refuse to grant the application where satisfied that... the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards"^[1]. Since you have a housing inspector who confirmed the mould is a health issue, this provision is highly relevant to your situation. This means if the Board believes the landlord is only trying to evict you because you called the inspector, they must deny the eviction^[1].

Additionally, the Board "shall refuse to grant the application where satisfied that... the landlord is in serious breach of the landlord’s responsibilities under this Act"^[1]. Your landlord's failure to fix the massive leak and mould since last November likely constitutes a serious breach of their maintenance duties.

Furthermore, for an eviction based on personal use, the Board must be satisfied that the landlord "intends in good faith to carry out the activity on which the notice of termination was based"^[2]. If the landlord is actually using the 'personal use' claim as a way to get rid of a tenant who complains about repairs, they are not acting in good faith.

It is important to note that while these protections exist, the final decision rests with the Board after they review all the evidence. State, provincial, or local laws may add further rules, so you should check local municipal housing bylaws.

Statutory Citations

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