Step 3.1: What is an Eviction Hearing?

Eviction Hearings take place at the Landlord and Tenant Board, and most of these hearings take place virtually. The hearing is an opportunity for both the landlord and your client to explain to an adjudicator why they should or should not be evicted. Your client will have the right to speak and present their own evidence and witnesses. They will also have the right to have a legal professional represent them. At this hearing, the adjudicator will decide whether or not to evict them.

Note: In some cases, the Board can order an eviction without holding a hearing. This can happen when:

• There is an agreement between the landlord and tenant to end their tenancy
• The tenant provided their landlord a notice to end their tenancy
• The tenant failed to follow a previous order made by the Board or failed to follow an agreement made with their landlord. 

Tenants must attend. If they don’t, an Eviction Order will almost certainly be issued against them. Your client should come prepared to explain to the adjudicator everything they want them to know before they make a decision to evict or not. 

How You Can Help:

• Step 1: Help your client gather evidence that contradicts the landlord’s version of events.
  • Speak with your client about the circumstances surrounding the eviction and help them write down everything they can remember. For example:
    • Why were they unable to pay their rent?
    • Were they incarcerated when their rent was due?
    • Are they a victim of crime? Was money taken away from them or stolen from them?
    • Were their income support payments (e.g., Ontario Works, ODSP, etc.) reduced or cut off?
    • Did they have trouble getting access to their income support payments (e.g., Ontario Works, ODSP, etc.) after being in custody?
    • Were they fired from their job?
  • Help your client gather any relevant evidence they want to present to the Board. They will need to have this with them on the day of the hearing. For example:
    • Letters
    • Receipts
    • Bank statements
    • Cancelled cheques
    • Repair estimates
    • Photographs
• Step 2: Help your client organize their documents before the hearing. Be sure to make three copies of each document: one for your client, one for the landlord, and one for the Landlord and Tenant Board. These should be sent or emailed to their landlord and the Board at least 7 days before the hearing.
• Step 3: Refer your client to a legal clinic well before their hearing date or help them sign up online for free assistance from the Tenant Duty Counsel before their hearing.
• Step 4: Ask about your client’s internet/phone access if the hearing will be virtual. Ideally, they should have a quiet place with a secure and reliable connection to avoid issues during their hearing.

Depending where your client lives, they might be able to use one of the Landlord and Tenant Board’s Access Terminals at certain Hearing Centres in Ontario, if they don’t have access to a phone, computer or internet.