Current eviction ban set to end when state of emergency ends

Q: I am a tenant in Ottawa struggling to pay my rent because of the short hours my employer is giving me due to the pandemic. My landlord gave me a document called “Notice to End your Tenancy Early for Non-Payment of Rent” demanding full payment or threatening to evict me. But the government put an eviction ban in place! How can my landlord give me this notice now? Do I have to get ready to move?

A: The current eviction ban (or “moratorium”) is a temporary suspension of actual evictions by the court enforcement officer, who is also known as the sheriff.

The moratorium has several purposes. The main purpose is to reduce the spread of COVID -19 by avoiding tenants interacting with people outside their households while searching for another place to live. The people also include the court enforcement officers and any movers, prospective landlords or support workers you would interact with if you had to move, either to new rental housing or to a temporary facility such as a shelter.

Another reason is to keep people in their homes while they are short of income due to COVID-19 and the shutdown orders. However, the moratorium does not mean tenants can live rent-free without any consequences.

Landlords need the rent to pay their expenses and to receive their income. Landlords are still allowed to deliver termination notices like the one you received, which is also called an “N4 notice” or an “N4.” In fact, landlords can go further. If you do not pay the rent that is due by the date set out on the N4 notice, the landlord can begin his or her application to the Landlord and Tenant Board (LTB) for an order terminating your tenancy and evicting you.

The LTB will process that application, although they currently have a backlog of cases.

The LTB was backlogged before COVID-19 struck, and then shut down operations for several months. The LTB is now working hard and fast to seek to clear its backlog, but it may well be several months before they get to your landlord's case.

To come out of this situation as best you can, you need to do the following:

• Apply for any federal or provincial government assistance available to you.

• If your situation includes rent arrears from past months, or you do not qualify for federal or provincial government assistance, seek assistance from the City of Ottawa.

• Stay in communication with your landlord about seeking all that assistance.

• Pay what rent you can pay, as soon as you can pay it.

On Jan. 9, this column addressed various sources of financial assistance. For those with children not yet in school, or in school up to Grade 12 (or with a disability), one source is www.ontario.ca/supportforlearners. For federal relief, search for “Canada COVID-19 relief,” and then choose individuals.

For the City of Ottawa, the key contact number is 311, or you can search for “City of Ottawa essential health and social service.”

You do not need to be on social assistance to get help with your rent from the city.

You need to take these steps soon, because the eviction suspension is to end when the provincial state of emergency ends, which may be as soon as two and a half weeks from now.