When Can an Illegal Act Lead to Eviction in Ontario?
When Can an Illegal Act Lead to Eviction in Ontario?
Under Ontario’s Residential Tenancies Act, 2006 (RTA), landlords have the right to evict tenants for engaging in or permitting illegal acts within a rental unit or residential complex. Although the RTA does not explicitly define “illegal,” it generally refers to serious violations of federal, provincial, or municipal laws—especially those that impact the safety, security, or enjoyment of others in the building. Drug production or trafficking can justify eviction due to the heightened risks involved.
Importantly, a tenant doesn’t have to be criminally convicted for an eviction to proceed. For the landlord and tenant Board member, it must be proved more likely than not that the illegal act occurred. A tenant can also be held responsible for permitting someone else to commit an illegal act in the unit or common areas. Willful blindness or passive acceptance—like knowingly allowing a guest to sell drugs from the unit—can be sufficient to convince the LTB Member that permission was given.
Illegal acts must occur within the unit or the residential complex, which includes common areas like hallways, laundry rooms, and parking lots. Activities that happen entirely off the property, such as being arrested elsewhere, typically don’t apply under Rules of the RTA.
In most cases, a landlord must provide 20 days’ notice before terminating a tenancy for an illegal act. However, drug-related offences are treated more seriously. Rules allow landlords to issue a 10-day notice of termination if a tenant or occupant is involved in the production of illegal drugs, trafficking, or possession for the purpose of trafficking.
These terms are defined by the Controlled Drugs and Substances Act (Canada) (CDSA). Under the CDSA, “production” includes manufacturing or cultivating drugs, “trafficking” includes selling or offering to distribute drugs, and “possession” includes having drugs on one’s person, in another’s custody, or in a controlled space. Simple possession does not qualify—only possession intended for trafficking does. This may be inferred from surrounding evidence like large quantities of drugs, cash, or packaging materials.
It’s important to note that not every RTA violation counts as an illegal act. For example, non-payment of rent or unauthorized subletting may breach lease terms but aren’t necessarily grounds for eviction under Rules for Illegal act. Still, some scenarios—such as repeatedly subletting at inflated rates without permission—can cross the line into illegal business operations.
Even when an illegal act is proven, eviction is not automatic. The LTB must still assess whether termination is reasonable, taking into account the tenant’s history, any vulnerabilities, and possible alternatives to eviction. Instead of terminating the tenancy outright, the LTB may impose conditions—such as ceasing a business operation or prohibiting a disruptive guest. For both landlords and tenants, recognizing these distinctions is essential when dealing with allegations of illegal activity.
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