Dealing with an Eviction Notice
Whether expected or not, getting an eviction notice can be a scary and stressful experience. Know that renters have rights, and you can’t be kicked out overnight. LegalShield is here to help.
Working with a tenant lawyer can help stop eviction
A legal plan from LegalShield lets you pick up the phone and speak to a lawyer familiar with laws in your province. In addition, have a lawyer write a letter or make a call on your behalf for no additional charge.
A Legal Plan is just $32.95 per month. Once your membership is processed, our provider lawyers will respond.
On this page
- Facing an eviction
- Determine if the Eviction Notice is legal
- Try to resolve the eviction with your landlord before it goes to court
- Maintain records of all lease documents and communication with your landlord
- Get legal help
Facing an eviction
No matter what the specific circumstances are that caused you to receive an eviction notice, it’s imperative that you take the right action, right away. Failure to respond to an eviction notice correctly and in a timely fashion can create additional problems you don’t need.
- You can incur additional fees, penalties and forfeit your security deposit.
- You can severely damage your credit score.
- You can make it harder for you to rent another place in the future.
- You can add unnecessary stress and anxiety to the situation.
Lawyers know how to minimize financial damage by responding according to the laws in your province. You can get the legal help you need by purchasing a personal legal plan from LegalShield for only $32.95 per month.
Determine if the Eviction Notice is legal
Eviction notices can be with or without cause. Failure to pay rent is an example of an eviction for cause. In either case, the landlord must follow provincial law and the lease agreement or the eviction may be deemed improper and thrown out by a judge.
- Is the cause stated in the eviction notice legitimate?
- Has your landlord violated the terms and conditions of your lease?
- Did your landlord provide proper notification and sufficient time to respond as required by the Landlord and Tenant Act in your state?
- Do you have any generally accepted legal defences you can raise?
If you believe that the eviction notice is unlawful or you have a strong defence (such as the landlord failing to provide a safe living environment), you should contact a lawyer immediately.
Try to resolve the eviction with your landlord before it goes to court
Here are some examples of how to negotiate a resolution with your landlord to avoid going to court.
- If your rent is late and you can’t pay in full at this time, you can ask if your landlord is open to a payment plan.
- If you’ve caused property damage, you can apologize and repair it on your own to show good faith.
- If your landlord claims you have broken other terms of the lease (such as having pets or subletting in violation of the lease), you can reach out to the landlord and discuss your plans for remedying the situation.
- If you believe your landlord has violated the lease or provincial law, you can try to discuss the situation in a calm manner and propose a resolution that works for both parties.
If you’re unable to resolve the situation on your own, having a lawyer write a letter or make a call on your behalf can save both parties the extra time, stress and expense associated with going to court.
When you have a personal plan from LegalShield, your lawyer can provide unlimited consultation and advice, review your lease agreement and even contact your landlord to negotiate a settlement, all for only $32.95 per month.
Maintain records of all lease documents and communication with your landlord
While everyone wants to avoid a long, drawn-out eviction process, it’s important that you keep record, should you end up in front of a judge.
- Have a copy of your signed lease handy.
- Start a log, with dates, of all communication between you and your landlord.
- Save a copy of all electronic communication with your landlord (emails, voicemails, texts, etc.).
- Keep all written notices and documents you receive about the eviction.
- Save any receipts or other documents related to third parties (such as receipts for repairs you made).
If you’re overwhelmed by the eviction process in general, become a LegalShield member. A provider lawyer can handle much of the situation for you, including reviewing documents and providing legal advice.
Seek legal support
Many tenants feel powerless against landlords.
The good news is that tenants have significant rights and protections under provincial and federal laws. The problem is that most people don’t know what their rights are or how to exercise them.
Experienced tenant lawyers can take a scary and stressful situation and turn it into a positive outcome by leveraging their knowledge of the law and their negotiation skills. LegalShield gives you access to these incredible legal resources for a fraction of normal hourly rates.