Under the Ontario Residential Tenancies Act (RTA), discovering that a tenant has a past criminal record is not a valid legal ground for eviction. A landlord can generally only evict a tenant for criminal behaviour if the tenant is currently committing illegal acts on the residential premises.
Understanding Tenant Rights and Criminal Records in Ontario
Finding secure housing in competitive markets like Toronto, Ottawa, or Hamilton can be a daunting process, especially for individuals with a past criminal record. Some landlords perform extensive background checks and may feel deceived if a past offence was not voluntarily disclosed during the application process. However, the rules governing evictions in Ontario are very strict and tenant-friendly.
Once you have signed a lease and moved into the unit, your tenancy is fully protected by the Residential Tenancies Act (RTA). A landlord cannot simply change their mind or claim the lease is “void” because they discovered a prior conviction. To protect your housing stability, it is highly recommended to consult an Ontario tenant lawyer or paralegal from our directory if your landlord threatens an illegal eviction based on your past.
Step-by-Step Process to Defend Against an Illegal Eviction in Ontario
If your landlord discovers a past offence and wants you out, they must follow the strict legal processes of the Landlord and Tenant Board (LTB). 📝 You cannot be forced to leave your home without an official LTB eviction order.
Step 1: Identifying an Invalid Eviction Notice
If your landlord wants to evict you for a crime, they must serve you with an N6 Notice to End your Tenancy for Illegal Acts. However, an N6 is only valid if you (or your guests) are committing an illegal act currently and within the rental unit or residential complex. A past conviction from three years ago, or a crime committed entirely off the property, does not qualify under the RTA.
Step 2: Refusing to Vacate the Property
Many landlords will try to bypass the LTB by sending a threatening text message or a letter drafted by themselves, demanding you move out in 30 days. You do not have to move out. A landlord’s personal letter has no legal weight in Ontario. You only have to move if you choose to sign an N11 (Agreement to End the Tenancy) or if an LTB adjudicator orders you to leave.
Step 3: Filing a T2 Application for Harassment
If the landlord begins harassing you, constantly knocking on your door, or threatening to change the locks because of your criminal record, they are breaking the law. You can file a T2 Application about Tenant Rights with the LTB. You can ask the adjudicator to order the landlord to stop the harassment and even demand financial compensation for the severe stress caused.
Step 4: Gathering Evidence for the LTB Hearing
If the landlord proceeds to file an L2 Application to evict you based on an N6 notice, you must prepare a strong defence. 📁 Gather evidence showing that you have been a peaceful tenant. Collect rent receipts proving you pay on time, statements from neighbours, and proof that the offence in question occurred well before your tenancy and had nothing to do with the rental property.
Step 5: Attending the Landlord and Tenant Board Hearing
At the hearing, the burden of proof is entirely on the landlord. They must prove to the LTB adjudicator that you committed a crime on the property. Your paralegal or lawyer will argue that the landlord’s application is frivolous and lacks legal standing under the RTA, asking the adjudicator to dismiss the eviction immediately.
How Much Does it Cost in Ontario?
Defending yourself against an unfair eviction based on a past criminal record involves some costs, though filing certain tenant applications is very accessible. As of June 2026, consider these estimates in Canadian dollars (CAD):
| Defending an N6 Notice | There is a $0 CAD government fee for a tenant to simply attend an LTB hearing to defend against a landlord’s eviction application. |
| Filing a T2 Application | Filing a T2 for landlord harassment costs $48 CAD if filed online through the Tribunals Ontario Portal, or $53 CAD for paper filing (by mail or in person). |
| Paralegal Representation | Hiring a licensed Ontario paralegal to defend you at an LTB hearing typically costs between $800 CAD and $2,000 CAD, depending on the case’s complexity. |
How Long Does the Process Take?
The Ontario Landlord and Tenant Board continues to experience significant scheduling delays. 🕑 If your landlord serves you an N6 and files an application, it generally takes between 5 to 9 months before an adjudicator will actually hear the case. During this entire waiting period, you have the absolute legal right to remain in your home and continue paying your regular rent.
Frequently Asked Questions (FAQ)
Can a landlord ask about my criminal record during the application?
Yes, a landlord can generally request a background check or ask about criminal history before signing a lease. However, the Ontario Human Rights Code does not protect against housing discrimination based on a “record of offences.” Ontario landlords have the legal right to deny housing based on a criminal record, unless the denial results in indirect discrimination under another protected ground (such as race or disability).
Does lying on the rental application void my lease?
No. Once a lease is signed and you take possession of the unit, the RTA takes over. A landlord cannot automatically “void” a lease just because they later discovered you omitted past information on the initial application.
What if I commit a crime on the rental property?
If you are actively producing illegal drugs, running an illegal business, or assaulting other tenants on the residential complex, the landlord has valid grounds to serve an N6 Notice and pursue a rapid eviction through the LTB.
Can the landlord call the police to kick me out?
No. In Ontario, local police departments do not have the authority to perform residential evictions. Only the Court Enforcement Office (the Sheriff) can physically remove you, and only after the LTB issues a formal eviction order.
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