Last Updated: August 22 2026
Can a residential tenant in Ontario be evicted during the winter?
White Owl Legal can help explain how winter does not automatically block an eviction in Ontario, because there is no Residential Tenancies Act, 2006 rule that makes winter evictions illegal; instead, the Landlord Tenant Board has discretion under Residential Tenancies Act, 2006 to refuse to grant an eviction or to postpone enforcement after reviewing the circumstances, which can include hardship concerns during winter. If you are facing an eviction or want to challenge timing, contact (289) 839-3075 for paralegal guidance on your rights, next steps, and how section 83 discretion may affect whether enforcement is delayed.
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Understanding Whether a Tenant May Be Evicted During Winter
There is a common belief that the law forbids eviction of a residential tenant during the winter months. This belief is false. The law governing evictions, being the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 is without any provisions that expressly forbid an eviction in the winter; however, the Residential Tenancies Act, 2006 does contain section 83 which provides an adjudicator of the Landlord Tenant Board with the discretionary power to delay an eviction. Specifically, section 83 of the Residential Tenancies Act, 2006 states:
Note: Please contact White Owl Legal by phone at: (289) 839-3075 to discuss any specific questions that you may have.
83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,
(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
(b) order that the enforcement of the eviction order be postponed for a period of time.
(2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1).
(3) Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that,
(a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement;
(b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;
(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;
(d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or
(e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.
(4) The Board shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of residential occupation, demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 48.1, 49.1, 52, 54 or 55, as the case may be.
(5) If a tenant has given a landlord notice under subsection 53 (2) and subsection 54 (2) or (4) applies, the Board shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in accordance with subsection 54 (2) or (4), as applicable.
(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.
(7) Subsection (6) applies with respect to any application described in that subsection that,
(a) is made on or after the day subsection 17 (3) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or
(b) was made before that day and was not finally determined before that day.
(8) For greater certainty, subsection (6) applies whether or not a date has been prescribed for the purposes of that subsection.
Accordingly, the adjudicator may choose to refrain from issuing an Order to Evict during the winter months or may choose to issue an Order to Evict with a delayed eviction date. It seems that whereas an adjudicator may refrain from issuing an Order to Evict because it is wintertime, the urban myth was born that a tenant cannot be evicted during the wintertime. Of course, this is a false truth, meaning a perception based on misunderstanding. The misunderstanding arises when people misinterpret the reason that an adjudicator may refrain from issuing an Order to Evict in the wintertime whereas such a decision is a choice based on a discretion. The adjudicator may choose such a discretion out of concern for the hardship that a wintertime eviction would cause rather than because of any mandate in law.
Summary Comment
It is an urban myth that a wintertime eviction is forbidden. The common misperception that a wintertime eviction is illegal seems to arise from the misunderstand of what is allowable in law and what does actually happen whereas the Landlord Tenant Board holds a discretion to choose to avoid ordering an eviction during the wintertime and sometimes, perhaps often, does refrain from ordering the eviction in the wintertime.
NOTE: A substantial number of online searches entailing “lawyers close to me” or “top lawyer in” typically indicate a demand for prompt and proficient legal assistance rather than a particular designation. In Ontario, certified paralegals fall under the jurisdiction of the same Law Society that governs lawyers and are empowered to represent clients in specified litigation matters. Skills in advocacy, legal assessment, and procedural expertise are fundamental to this position. White Owl Legal provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and compelling advocacy with the goal of achieving effective and advantageous outcomes for clients.
