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Christopher Liew
Contributor
Published April 12, 2023
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Arriving home to a notice to vacate on your front door can be devastating, to say the least.
Seven per cent of respondents to a 2021 Canadian housing survey report being evicted at some point in their past, according to Statistics Canada. So you’re not alone.
Once a landlord issues a notice to vacate to a tenant, the tenant may have anywhere from two weeks to three months (depending on the province) to resolve the issue with their landlord or move out.
The good news is that you may be able to fight the eviction if you believe it’s unjust. Below, I’ll share some instances when you should consider fighting an eviction and explain how an eviction could affect your credit rating.
When should you consider fighting an eviction?
Most evictions occur due to the sale of property by a landlord (37 per cent) or the landlord wanting the unit for their own use (26 per cent), based on the same survey by Statistics Canada.
Not all evictions are justified, though.
If the eviction notice is found to have been unjustly issued, then you may even be able to counter-sue for damages.
With that in mind, here are some examples of when you should consider fighting an eviction.
1. Eviction for exercising your legal rights
If you believe that an eviction may have been issued in relation to exercising your legal rights, you may have a good case to fight it.
For example, let’s say that you sue your landlord for failing to maintain the property or violating their end of the lease agreement. Shortly after, you receive an eviction notice stating some obscure or inaccurate violation on your end.
There’s a good chance that you could win an appeal to overturn the eviction.
2. You didn’t receive a proper eviction notice
Each province has rules regarding how much time a landlord must give a tenant to vacate. If your landlord fails to adhere to provincial regulations, you may be able to overturn the eviction.
3. Discrimination-based eviction
If you believe your eviction notice was issued due to discrimination on your landlord’s behalf, you may have a good case to overturn it. There are laws in place to prevent a landlord from discriminating against a tenant over their race, religion, ancestry, gender, or sexual orientation.
For example, in the Smith vs. Mohan case in B.C., the landlord tried to evict a tenant of Indigenous descent for their cultural practice of “smudging” (burning sacred herbs). The tenant also shared several examples of the landlord making several racially insensitive remarks.
The court ruled that the smoke caused by the smudging was not enough of a disturbance or issue to warrant an eviction.
Smith (the tenant) was awarded $23,300 in compensation for lost wages, expenses, and damages to her dignity and self-respect.
4. Poorly maintained property
In some cases, you may be able to fight an eviction notice due to the landlord failing to maintain the residence.
For example, if there is a broken window or plumbing issue that prevents you from safely inhabiting your home and the landlord fails to repair the issue, then they might not be able to evict you if you decide to pay less rent to compensate for this mismanagement.
Christopher Liew
Contributor
Published April 12, 2023
Arriving home to a notice to vacate on your front door can be devastating, to say the least.
Seven per cent of respondents to a 2021 Canadian housing survey report being evicted at some point in their past, according to Statistics Canada. So you’re not alone.
Once a landlord issues a notice to vacate to a tenant, the tenant may have anywhere from two weeks to three months (depending on the province) to resolve the issue with their landlord or move out.
RELATED LINKS Statistics Canada on Evictions in Canada
The good news is that you may be able to fight the eviction if you believe it’s unjust. Below, I’ll share some instances when you should consider fighting an eviction and explain how an eviction could affect your credit rating.
When should you consider fighting an eviction?
Most evictions occur due to the sale of property by a landlord (37 per cent) or the landlord wanting the unit for their own use (26 per cent), based on the same survey by Statistics Canada.
Not all evictions are justified, though.
If the eviction notice is found to have been unjustly issued, then you may even be able to counter-sue for damages.
With that in mind, here are some examples of when you should consider fighting an eviction.
1. Eviction for exercising your legal rights
If you believe that an eviction may have been issued in relation to exercising your legal rights, you may have a good case to fight it.
For example, let’s say that you sue your landlord for failing to maintain the property or violating their end of the lease agreement. Shortly after, you receive an eviction notice stating some obscure or inaccurate violation on your end.
There’s a good chance that you could win an appeal to overturn the eviction.
2. You didn’t receive a proper eviction notice
Each province has rules regarding how much time a landlord must give a tenant to vacate. If your landlord fails to adhere to provincial regulations, you may be able to overturn the eviction.
3. Discrimination-based eviction
If you believe your eviction notice was issued due to discrimination on your landlord’s behalf, you may have a good case to overturn it. There are laws in place to prevent a landlord from discriminating against a tenant over their race, religion, ancestry, gender, or sexual orientation.
For example, in the Smith vs. Mohan case in B.C., the landlord tried to evict a tenant of Indigenous descent for their cultural practice of “smudging” (burning sacred herbs). The tenant also shared several examples of the landlord making several racially insensitive remarks.
The court ruled that the smoke caused by the smudging was not enough of a disturbance or issue to warrant an eviction.
Smith (the tenant) was awarded $23,300 in compensation for lost wages, expenses, and damages to her dignity and self-respect.
4. Poorly maintained property
In some cases, you may be able to fight an eviction notice due to the landlord failing to maintain the residence.
For example, if there is a broken window or plumbing issue that prevents you from safely inhabiting your home and the landlord fails to repair the issue, then they might not be able to evict you if you decide to pay less rent to compensate for this mismanagement.
Can you fight an eviction if you didn’t sign a lease?
Verbal rental agreements can be complicated, which is why you should always make sure that there’s a formal, legally binding lease agreement signed by both you and your landlord.
Verbal agreements can be difficult to enforce. That being said, sometimes courts do respect verbal lease agreements.
For example, in the 2014 case, Johnson vs. Patry, the B.C. Supreme Court ruled that verbal tenancy agreements are enforceable and legitimate. This means landlords must give a proper eviction notice to a tenant, even if there’s only a verbal agreement. It also means that tenants living under a verbal lease agreement can fight an eviction notice.
Verbal rental agreements can be complicated, which is why you should always make sure that there’s a formal, legally binding lease agreement signed by both you and your landlord.
Verbal agreements can be difficult to enforce. That being said, sometimes courts do respect verbal lease agreements.
For example, in the 2014 case, Johnson vs. Patry, the B.C. Supreme Court ruled that verbal tenancy agreements are enforceable and legitimate. This means landlords must give a proper eviction notice to a tenant, even if there’s only a verbal agreement. It also means that tenants living under a verbal lease agreement can fight an eviction notice.
Can an eviction impact your credit rating?
Receiving an eviction notice or being formally evicted from your residence won’t have a direct effect on your credit score, according to Equifax.
However, an eviction can indirectly affect your credit if your landlord reports unpaid fees and rent to the credit bureaus. This could also happen during an eviction dispute before the court makes a final decision.
Even if the court rules in your favour, you’ll need to send letters and evidence to the credit bureaus to get the negative marks removed from your report. This could take several weeks or even months, negatively impacting your credit score in the short-term.
Eviction can make it harder to find future housing
Perhaps the most problematic effect of receiving an eviction is that it could tarnish your rental history. When applying to new housing units, most applicants are asked whether or not they’ve been evicted before. Your response could hurt your approval, or the landlord may require you to pay a larger security deposit.
If you believe you have a good case, it’s worth seeking legal advice and disputing the eviction. If it’s overturned, it won’t hurt your rental history, and you may even be able to sue your landlord for damages.
Christopher Liew is a CFA Charterholder and former financial advisor. He writes personal finance tips for thousands of daily Canadian readers on his Wealth Awesome website.
Receiving an eviction notice or being formally evicted from your residence won’t have a direct effect on your credit score, according to Equifax.
However, an eviction can indirectly affect your credit if your landlord reports unpaid fees and rent to the credit bureaus. This could also happen during an eviction dispute before the court makes a final decision.
Even if the court rules in your favour, you’ll need to send letters and evidence to the credit bureaus to get the negative marks removed from your report. This could take several weeks or even months, negatively impacting your credit score in the short-term.
Eviction can make it harder to find future housing
Perhaps the most problematic effect of receiving an eviction is that it could tarnish your rental history. When applying to new housing units, most applicants are asked whether or not they’ve been evicted before. Your response could hurt your approval, or the landlord may require you to pay a larger security deposit.
If you believe you have a good case, it’s worth seeking legal advice and disputing the eviction. If it’s overturned, it won’t hurt your rental history, and you may even be able to sue your landlord for damages.
Christopher Liew is a CFA Charterholder and former financial advisor. He writes personal finance tips for thousands of daily Canadian readers on his Wealth Awesome website.
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