There is a common myth that you cannot be evicted during the winter in Ontario. This is completely false. The Landlord and Tenant Board (LTB) and local Sheriffs process and execute legal evictions year-round, regardless of freezing temperatures or the holiday season.
When the temperature drops and snow covers the ground, many renters facing financial hardship believe they are temporarily safe from losing their homes. A widespread rumour suggests that Ontario has a “winter truce” or a legal ban on evicting tenants during the coldest months of the year. ❄
Unfortunately, this is a dangerous misconception. The Residential Tenancies Act (RTA) does not contain any seasonal exceptions. Whether you live in a high-rise in Toronto, a basement in Mississauga, or a townhouse in Ottawa, landlords have the exact same legal rights to pursue an eviction in January as they do in July.
This guide will dispel the winter eviction myth, explain how the Landlord and Tenant Board (LTB) handles weather-related hardships, and outline the steps you should take to defend your tenancy during the winter months. We will also discuss when consulting a local law firm is necessary to protect your family.
Step-by-Step Process in Ontario
If you receive an eviction notice, such as an N4 for non-payment of rent, during the winter, you must take it just as seriously as you would at any other time of the year. Ignoring the paperwork because you assume the Sheriff will not show up in the snow is a massive mistake. 📍
The legal procedure remains completely unchanged by the changing seasons. You still have powerful rights, but you must actively use them.
Step 1: Read the Notice and Check the Deadlines
Just like in the summer, the landlord must serve you the correct written notice with the required legal timeline. For example, an N4 requires 14 days’ notice, while an N12 for personal use requires 60 days. ❗
Do not assume that because December 25th is approaching, the deadlines are paused. While the LTB offices might close for statutory holidays, the countdown on your eviction notice continues to tick through the weekends and winter break.
Step 2: Attend the Virtual Hearing and Ask for Relief
If you do not move out or pay the arrears, the landlord will file an application with the LTB. You must attend your scheduled virtual hearing.
At the hearing, you can ask the adjudicator for “relief from eviction” under Section 83 of the RTA. This is where winter actually matters. You can argue that being evicted in February would cause extreme hardship, especially if you have young children or medical issues. The adjudicator may use their discretion to delay the eviction by a few weeks or months.
Step 3: Watch for the Sheriff’s Notice
If the adjudicator issues an Eviction Order and you do not leave by the specified termination date, the landlord will hire the Court Enforcement Office (the Sheriff). 💪
The Sheriff will mail you a Notice to Vacate. The Sheriff works throughout the winter. They will arrive on the scheduled day, force you to leave the property, and allow the landlord to change the locks, even if there is a massive blizzard outside.
Step 4: Prepare an Emergency Relocation Plan
If the eviction order is final and the Sheriff’s date is set, you must secure an emergency moving truck and a place to stay. Moving in the winter is notoriously difficult and more expensive.
If the Sheriff locks you out, you only have exactly 72 hours to retrieve your belongings. You must coordinate this carefully with the landlord, as you cannot afford to have your furniture left inside after the deadline expires.
How Much Does it Cost in Ontario?
The costs associated with a winter eviction are often much higher for the tenant, not because of legal fees, but because of the harsh reality of moving during extreme weather. 💰
Here is a breakdown of the typical costs you might face during a winter rent dispute:
| Action / Expense | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Landlord’s LTB Filing Fee | $186 | Tenant (Usually ordered to reimburse) |
| Winter Emergency Movers | $500 – $1,500+ | Tenant pays out of pocket |
| Emergency Hotel Stay | $100 – $250+ per night | Tenant pays out of pocket |
| Lawyer or Paralegal Defence | $1,000 – $3,000+ Flat Fee | Tenant pays out of pocket |
If you have the money to pay your rent arrears before the Sheriff arrives, you can usually file a Motion to Void the Eviction. However, you must also pay the landlord’s $186 filing fee to successfully stop the lockout.
How Long Does the Process Take?
The time it takes to evict a tenant is driven by administrative backlogs, not by the season. A standard eviction process for non-payment of rent typically takes 6 to 9 months in Ontario. ⏱
If an adjudicator grants you a delay because of severe winter hardship under Section 83, they might set the move-out date 30 to 60 days after the hearing, rather than the standard 11 days.
While the Sheriff executes lockouts all winter, there is one minor exception: if the local police declare a major weather emergency (like an ice storm where roads are closed), the Sheriff will physically delay their drive to your house by 1 or 2 days until the roads are safe.
Frequently Asked Questions (FAQ)
Is it illegal to evict families with children during the winter?
No. While it is heartbreaking, there is no blanket law in Ontario that prevents the eviction of families, pregnant women, or children during the winter. You must bring up your family situation during the LTB hearing so the adjudicator can consider delaying the eviction date.
Can the landlord shut off my heat to force me out early?
Absolutely not. Turning off vital services like heating during the winter is highly illegal and incredibly dangerous. If your landlord turns off the heat, call the Rental Housing Enforcement Unit (RHEU) immediately, and they will force the landlord to turn it back on.
Does the Landlord and Tenant Board pause for Christmas?
The LTB does not pause the legal timelines for notices, but the administrative offices and hearing schedules typically close for statutory holidays like Christmas Day, Boxing Day, and New Year’s Day. The Sheriff also will not execute a lockout on a statutory holiday.
Can I ask the adjudicator to wait until spring?
You can certainly ask for “relief from eviction” and request a move-out date of April or May. However, adjudicators rarely grant a delay of several months unless you have a highly compelling medical reason and you are continuing to pay your monthly rent while you wait.
Should I hire a law firm to delay a winter eviction?
If you are facing homelessness in the middle of January, hiring a local paralegal or law firm is a smart strategy. A legal professional knows exactly how to build a strong Section 83 hardship argument at the LTB to legally buy you as much time as possible.
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