Toronto resident Sara Basso had been living in the same low-rise for over a decade and ostensibly had a good arrangement with her landlord. That is, until she received what she believed was a “meritless” eviction application in January, she told CBC News (1).
Basso received a copy of the application that was filed with the Landlord Tenant Board (LTB) claiming that she was ignoring rent increases for years and owed the landlord “thousands of dollars” the news outlet found.
However, after Basso retained lawyer Marc Goldgrub — who showed that Basso had been paying rent all along as shown by her bank statements — the landlord withdrew the application.
Unfortunately, advocates and legal experts are saying that Basso’s case isn’t one-of-a-kind.
Advocates call foul
Two advocate groups — Association of Community Organizations for Reform Now (ACORN) and the Advocacy Centre for Tenants Ontario (ACTO) — both told CBC they’ve been seeing more of these groundless evictions, though specific figures weren’t given.
Goldgrub also indicated he has seen additional cases like Basso’s, which leads him to believe there must be more applications across the province.
"If I’m seeing three or four cases in the last two years, there must be dozens, hundreds of others," he said.
As to why these applications are appearing, experts think it has to do with circumventing rent increase laws through a unique loophole.
The rental laws at play, and the loophole landlords are trying to use
Under Ontario’s rental laws (2), in most cases rent cannot be increased for a unit unless 12 months have passed following either the last rent increase or the date the tenancy began. In addition, the province sets guidelines on how much rent can be increased each year. According to the province of Ontario, the rent increase guideline for 2026 is 2.1%.
However, there are some exceptions.
For instance, a landlord can apply to the LTB for approval to raise rent more than the guideline. The rule also does not apply to rental units that agree on a new amount — a circumstance that occurs after a new renter occupies a unit. It’s this provision that experts think landlords are trying to exploit.
Douglas Kwan, director of legal services for ACTO, and Goldgrub believe that this article is why landlords are submitting bogus eviction applications. They hope the tenant gets scared off by the legal fees and formal hearing and instead moves out, allowing the landlord to set the rent to any amount they like for a new tenant.
How you can fight a bogus eviction application
Dealing with legal proceedings against large corporate landlords can be unsettling. That doesn’t mean you need to cower and move out, however. Here are some easy-to-follow tips to help you dispute a meritless eviction application.
- Gather mountains of evidence. If a landlord is trying to prove you should be evicted because you didn’t pay rent, make sure you bring loads of evidence to the contrary. Collect bank statements, emails, letters, anything you think will show the board otherwise. Remember that this evidence must be submitted to the LTB at least seven days prior to the hearing.
- Get help from a legal clinic. If you don’t have the fees to retain a lawyer, you might be eligible for help through a legal clinic with Legal Aid Ontario (3). You won’t be required to pay legal fees, but you may have to cover court fees and other administrative charges.
- Remember your rights. No matter how scary the hearing might be, you are not required to move out until the LTB issues a formal order. Don’t let a landlord push you into giving up prematurely.
Fighting against a shady landlord can feel like an uphill battle. But, with proper legal help and a determination to show the truth of the matter to a LTB, you can stave off greedy landlords from trying to exploit you.
Article sources
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CBC (1); Ontario (2); Legal Aid Ontario (3)
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.