There’s never a good time to dispute with your landlord. The last thing you should have to deal with is a retaliatory eviction when you’re down on hard times. Retaliatory evictions are best described as vengeful actions against a tenant for trying to exercise their legal rights. Even the slightest act can offend a landlord – but you shouldn’t have to pay for it.
in Toronto, this is a typical scenario our civil litigation lawyer often sees. Per Toronto Civil Code § 1942.5 it is possible for residential tenants to state affirmative causes of action for any unlawful eviction. Those in commercial spaces have to fight harder, as they are not protected as well.
The civil code states that “…remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law…” Though the clause does not specifically include commercial tenants, the verbiage indicates legal solutions are possible, should action be taken against the landlord.
in Ontario, most retaliatory evictions happen among residential tenancies. We find that landlords take advantage of anyone with limited financial resources and information on the process. With those two factors, retaliation is much more damaging with long-term consequences.
Business savvy individuals with experience renting commercial spaces often have leverage – more financial resources and knowledge to confront the landlord directly. But that doesn’t mean they aren’t as susceptible to retaliatory acts.
The best thing you can do if you’re facing either an unlawful detainer action or threatens to leave the premises, is to hire a civil litigation attorney.
