In Ontario, a landlord absolutely cannot terminate a tenancy or threaten eviction simply because a tenant’s immigration status changes to a refugee claimant. This is a severe violation of the Residential Tenancies Act and the Ontario Human Rights Code, exposing the landlord to massive financial penalties for discrimination and harassment.
Ontario is a province built on diversity, with cities like Toronto, Ottawa, Mississauga, and Windsor welcoming thousands of newcomers every year. Sometimes, individuals who initially enter Canada on temporary work or student visas face unforeseen crises in their home countries, prompting them to file for refugee protection. When a tenant updates their landlord about their change in legal status, or requests a simple letter confirming their address for an Immigration, Refugees and Citizenship Canada (IRCC) application, some landlords panic.
A dangerous misconception among certain property owners is that renting to a refugee claimant creates legal liability or voids their lease. 📍 This is entirely false. Under Ontario law, your immigration status has absolutely zero bearing on your rights as a renter. The Residential Tenancies Act (RTA) protects your security of tenure as long as you pay rent and respect the property. If a landlord attempts to intimidate you or issue an eviction notice based on your legal status, seeking counsel from a human rights or tenant law firm in our directory is the best way to defend your home.
Step-by-Step Process for Defending Your Tenancy in Ontario
Facing eviction threats while navigating the Canadian immigration system is terrifying. However, you must remember that landlords do not have the power to deport you or illegally throw you onto the street. Here is the legal process you should follow to protect yourself from a discriminatory eviction attempt.
Step 1: Identify the Illegal Threat
Recognize that any statement like “I don’t rent to refugees” or “You must leave because your visa expired” is explicitly illegal. Landlords are not immigration officers. Even if you are an undocumented individual or a refugee claimant waiting for a hearing, you possess the exact same tenancy rights as a Canadian citizen born in Ontario.
Step 2: Secure Your Tenancy Documents
Immediately gather and safely store your lease agreement, rent receipts, and proof of address. Keep a detailed log of every interaction with your landlord. If they send you text messages or emails threatening eviction due to your refugee status, screenshot and save those messages-they are your golden ticket in a legal dispute.
Step 3: Respond Formally in Writing
Do not engage in shouting matches. Send the landlord a formal written response stating that you are legally protected by the Residential Tenancies Act and the Ontario Human Rights Code. State clearly that their threats constitute harassment and discrimination based on citizenship and place of origin, and you will not be moving out.
Step 4: Contact the Rental Housing Enforcement Unit (RHEU)
If the landlord attempts to lock you out of your unit or shuts off your utilities to force you to leave, call the RHEU immediately. This provincial agency handles severe, immediate violations of the RTA. RHEU officers will contact the landlord and warn them of the massive fines associated with an illegal lockout and harassment.
Step 5: File a T2 Application with the LTB
To enforce your rights and demand financial compensation for the harassment, you must file a T2 Application (Tenant Rights) at the Landlord and Tenant Board. You will present your text messages and emails to the adjudicator, proving the landlord threatened you solely because of your refugee claim.
Step 6: File a Human Rights Complaint
Because the eviction threat was based on your immigration status, you can concurrently file a claim with the Human Rights Tribunal of Ontario (HRTO). The HRTO has the power to award significant general damages for the injury to your dignity and human rights.
How Much Does it Cost in Ontario?
Defending your human rights and your housing in Ontario is heavily supported by the legal system, ensuring financial barriers do not stop you.
- LTB Filing Fees: Filing a T2 application at the LTB costs $53 CAD. However, if you are a low-income refugee claimant, you can submit a Fee Waiver Request to file it for absolutely $0.
- HRTO Filing Fees: Filing a discrimination claim at the Human Rights Tribunal of Ontario is completely free of charge.
- General Damages: If the HRTO or LTB finds the landlord guilty of discriminatory harassment, they can be ordered to pay you thousands of dollars (often ranging from $2,000 to $15,000+ CAD) as compensation for emotional distress.
- Legal Representation: Many refugee claimants qualify for free Legal Aid Ontario certificates to hire a lawyer. If not, community legal clinics across Ontario offer free representation for severe RTA violations.
| Legal Action | Governing Body | Purpose of Claim |
|---|---|---|
| T2 Application | Landlord and Tenant Board (LTB) | To stop harassment and prevent illegal eviction. |
| RHEU Complaint | Ministry of Municipal Affairs | Immediate intervention to prevent a physical lockout. |
| Form 1 Application | Human Rights Tribunal (HRTO) | Financial damages for discrimination based on origin/status. |
How Long Does the Process Take?
An illegal threat from a landlord must be handled swiftly. 🕑 Calling the RHEU usually results in intervention within 24 to 48 hours. If you file a T2 application at the LTB, securing a hearing currently takes 6 to 9 months in 2026. Human Rights Tribunal cases move slower and can take 1 to 2 years to resolve. Crucially, while you wait for these hearings, your tenancy remains completely secure, and the landlord cannot force you out.
Frequently Asked Questions (FAQ)
Does the landlord have the right to ask for my passport?
Once you are already living in the unit, the landlord has no right to demand your passport, refugee protection claimant document (RPCD), or work permit. They only need you to pay your rent on time.
Can they evict me if my work permit expires?
No. Your ability to legally work in Canada is an issue between you and IRCC. As long as you have the funds to continue paying your rent, the landlord has no legal grounds to evict you over an expired permit.
What if the landlord tries to use an N12 to hide the discrimination?
If the landlord suddenly claims they want to “move in” (an N12 notice) right after finding out you are a refugee claimant, this is considered bad faith and a reprisal under Section 83 of the RTA. The LTB will likely throw the eviction out.
Can the landlord report me to immigration authorities?
A landlord can maliciously call the Canadian Border Services Agency (CBSA), but if you have a valid refugee claim in process, you are legally protected in Canada. Using immigration threats as leverage against a tenant is severe harassment.
Should I use a law firm to fight this?
Yes. Navigating the intersection of housing law and human rights is highly complex. By browsing our directory, you can find an empathetic Ontario law firm or legal clinic that will defend your right to safe housing in Canada.
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