Can a landlord evict a disabled person?
Last updated: October 13, 2026
Short answer
Yes, a landlord can evict a tenant with a disability for a valid legal reason, using the same notices and process as for any tenant, but never because of the disability itself. Human rights law in every province covered here protects disability in renting, and the human rights commissions say landlords must accommodate a tenant's disability-related needs, in most provinces up to the point of undue hardship. In Alberta, BC, Ontario and New Brunswick, the official guidance says this applies to evictions too, so a landlord may have to try accommodation before moving to evict.
Disability and eviction by province
Every province covered here protects disability in renting, but the guidance on how the duty to accommodate applies to an eviction differs. This table shows what each province's law or human rights body says.
| Province | Duty to accommodate | What the guidance says about eviction | Human rights body |
|---|---|---|---|
| Alberta | Reasonable steps to the point of undue hardship, which must be substantial, such as an intolerable cost or serious disruption to the business | Ending a tenancy without reasonably accommodating a tenant's disability, including the need for a guide dog or service dog, is an example of discrimination | Alberta Human Rights Commission |
| British Columbia | Up to undue hardship, with a duty to inquire when the landlord has reason to believe a renter needs accommodation | The rules cover how a landlord evicts, including the reasons used, communication and timelines | BC Human Rights Tribunal |
| Manitoba | Failing to reasonably accommodate is discrimination; the landlord must assess whether a need can be met without undue hardship | The commission warns a landlord can breach the Code even while meeting the Residential Tenancies Act; we found no guidance on how the duty limits an eviction, so ask the commission | Manitoba Human Rights Commission |
| Saskatchewan | Up to undue hardship, for example considering renovations for accessibility | The commission says a tenant who needs a service dog cannot be evicted from a pet-free building; we found no commission guidance on other eviction reasons, so ask the commission | Saskatchewan Human Rights Commission |
| Ontario | Up to undue hardship, judged only by cost, outside funding and health and safety; the landlord must prove it | Decision-makers must consider whether the tenant's needs could be accommodated before ordering an eviction | Ontario Human Rights Commission (policy guidance) |
| New Brunswick | Up to undue hardship | Landlords must review each accommodation request from every angle before taking steps such as eviction proceedings | New Brunswick Human Rights Commission |
| Nova Scotia | Based on the tenant's medical requirements as defined by a medical professional | Evicting someone for making a human rights complaint is banned; we found no commission guidance on how the duty limits an eviction, so ask the commission | Nova Scotia Human Rights Commission |
| Prince Edward Island | Up to undue hardship, meaning cost-prohibitive or a risk to health and safety | Evicting someone for making a human rights complaint is banned; we found no commission guidance on how the duty limits an eviction, so ask the commission | PEI Human Rights Commission |
| Newfoundland and Labrador | The landlord must remove barriers unless that causes undue hardship | A tenancy was lawfully ended over a service dog's uncontrollable behaviour, because the reason was the behaviour, not the disability | Human Rights Commission |
How the duty to accommodate fits into an eviction
A disability does not protect a tenant from a lawful eviction. The landlord still needs a reason the province's tenancy law allows, such as serious damage, disturbing other tenants or a risk to safety, and must use the proper notice or application. See what reasons a landlord can evict you for.
Human rights law adds two things. The disability itself can never be the reason, and where a problem is connected to a disability, the landlord may have to try to accommodate the tenant before moving to evict. The clearest guidance comes from these provinces:
- Ontario. The Ontario Human Rights Commission says a landlord should offer help and accommodation before taking punitive action, and should check whether accommodating a need would resolve disruptive behaviour. If the conduct keeps seriously interfering with other tenants despite appropriate accommodation, the landlord may have no choice but to end the tenancy.
- Alberta. The Alberta Human Rights Commission lists ending a tenancy without reasonably accommodating a tenant's physical or mental disability as an example of discrimination.
- British Columbia. The Human Rights Commissioner says a landlord's duties cover how it evicts renters or ends tenancies, including the reasons it uses, how it communicates and the timelines it follows.
- New Brunswick. The Human Rights Commission says landlords should be flexible with rules and must review each accommodation request from every angle before steps such as eviction proceedings.
- Newfoundland and Labrador. The Commission's rental guideline describes a tenancy that was lawfully ended over a service dog's uncontrollable behaviour after the tenant had ample chance to improve, because the reason was the behaviour, not the disability.
For Manitoba, Saskatchewan, Nova Scotia and PEI, this page gives the general duty and the examples in the table, so ask the province's human rights commission how the duty applies to your eviction.
Evicting a tenant with a disability in each province
Alberta
Yes, for a valid reason, but not because of a disability. Alberta's Human Rights Act protects physical and mental disability in renting, and physical disability includes relying on a guide dog or service dog. The Alberta Human Rights Commission says landlords must consider requests and take reasonable steps to accommodate a tenant's needs to the point of undue hardship, which must be substantial, such as an intolerable cost or a serious disruption to the business. It lists ending a tenancy without reasonably accommodating a tenant's disability as an example of discrimination.
The eviction itself follows the Residential Tenancies Act. For a substantial breach the landlord gives at least 14 days' notice or applies to the RTDRS or the court, and if you object in writing before the 14 days are up, the landlord needs an order. Assault, threats or significant damage allow 24 hours' written notice. Human rights complaints go to the Alberta Human Rights Commission within one year.
Alberta notice to end a tenancy | Alberta tenant rights guide
British Columbia
Yes, for a valid reason, but BC's Human Rights Code protects physical and mental disability in renting, and landlords must accommodate renters up to the point of undue hardship. If a landlord has reason to believe a renter needs accommodation, or the renter raises a barrier such as a disability, the landlord has a duty to inquire. The BC Human Rights Commissioner says these duties cover how a landlord evicts, including the reasons, communication and timelines, and names health and safety risks and a cost the owner cannot afford as undue hardship factors.
An eviction for cause uses a One Month Notice to End Tenancy for Cause (RTB-33), and you have 10 days to dispute it with the Residential Tenancy Branch. In the most urgent and serious cases a landlord can apply to end a tenancy early. The Residential Tenancy Branch cannot apply the Human Rights Code, so discrimination complaints go to the BC Human Rights Tribunal.
Manitoba
Yes, for a valid reason. Manitoba's Human Rights Code protects disability in renting, including reliance on a service animal or wheelchair, and failing to reasonably accommodate special needs based on a disability is itself discrimination. The Manitoba Human Rights Commission says housing providers have a duty to reasonably accommodate a tenant's needs and must assess whether a need can be met without undue hardship. It also warns that a landlord can breach the Code even while meeting every requirement of the Residential Tenancies Act.
To evict for cause, the landlord must first give a written warning to fix the problem and then, if it is not fixed within a reasonable time, at least one rental payment period of notice. In serious cases, such as a significant risk to health or safety, notice can take effect as soon as 5 days after it is given. Contact the Manitoba Human Rights Commission about discrimination.
Saskatchewan
Yes, for a valid reason. The Saskatchewan Human Rights Code, 2018 protects disability, including mental disorders and reliance on a service animal, wheelchair or other device. The Saskatchewan Human Rights Commission says a landlord has a duty to accommodate a tenant's request to the point of undue hardship, for example by considering renovations to make a unit accessible. It also says a tenant who needs a service dog because of a disability cannot be evicted from a pet-free building.
Most evictions for cause use a notice that takes effect at least one month after you receive it, and you have 15 days to dispute it. Before giving that notice, the landlord must give you a reasonable time to fix a problem that can be fixed. In serious cases the landlord can apply to the Office of Residential Tenancies for an earlier end date. Complaints about discrimination go to the Saskatchewan Human Rights Commission.
Saskatchewan eviction process | Saskatchewan tenant rights guide
Ontario
Yes, for a valid reason, but Ontario's Human Rights Code protects disability in housing, and landlords must accommodate a tenant's disability-related needs to the point of undue hardship. Only cost, outside sources of funding and health and safety count toward undue hardship, and the landlord has to prove it. The Ontario Human Rights Commission says decision-makers must consider whether a tenant's needs could be accommodated before ordering an eviction, and that a landlord should offer help and accommodation before taking punitive action.
The landlord still has to use the right notice, such as an N5 for interfering with others or damage (20 days, which you can void by correcting the problem within 7 days) or an N7 for wilful damage or seriously impairing safety (10 days, which cannot be voided), and then apply to the Landlord and Tenant Board. At a hearing, the Board must review the circumstances and consider whether to refuse the eviction or delay its enforcement. From September 21, 2026, a delay needs the landlord's consent, or must not be unfair to the landlord or other tenants and, in most cases, rest on compelling grounds.
New Brunswick
Yes, for a valid reason. New Brunswick's Human Rights Act protects physical and mental disability in housing, and physical disability includes reliance on a guide dog. The province says landlords have a legal duty to accommodate the legitimate concerns and reasonable requests of tenants, and the New Brunswick Human Rights Commission says that duty ends at undue hardship. Its housing guideline says landlords must review each accommodation request from every angle before taking steps such as eviction proceedings.
For most problems the landlord first serves a notice stating the complaint. If you do not comply (immediately for conduct, within 7 days otherwise), the landlord reports it to a residential tenancies officer, who can order compliance and then serve a notice to quit. For extensive damage the officer can serve a notice to quit directly, and the officer sets the move-out time. The Human Rights Act also bars evicting someone for making a human rights complaint.
New Brunswick eviction process | New Brunswick tenant rights guide
Nova Scotia
Yes, for a valid reason. Nova Scotia's Human Rights Act protects disability, which includes dependency on drugs or alcohol and reliance on a service dog, guide dog or wheelchair. The Nova Scotia Human Rights Commission says a landlord's duty to accommodate is based on the tenant's medical requirements as defined by a medical professional, such as a grab bar in the bathtub or a flat entrance to the building.
For a breach of the good behaviour or cleanliness and damage conditions, a landlord can give a notice to quit effective 15 days after it is given, and you can apply to have it set aside. Other evictions for cause, such as for serious disturbance or a risk to safety, need an application to the Director of Residential Tenancies and a hearing. The Human Rights Act bars evicting someone for making a complaint, and human rights complaints must be made within 12 months.
Nova Scotia eviction process | Nova Scotia tenant rights guide
Prince Edward Island
Yes, for a valid reason. PEI's Human Rights Act protects disability in renting, including reliance on an assist animal or wheelchair, and the PEI Human Rights Commission says drug and alcohol addiction are covered. The Commission says service providers must accommodate disability-related needs up to the point of undue hardship, which it describes as the point where the needs become cost-prohibitive or a risk to health and safety, and that landlords must accommodate a service animal.
A notice for cause takes effect no earlier than one month after you receive it, and you have 10 days to dispute it. In serious cases, such as a safety risk or illegal activity, the landlord can apply to the Director for an earlier end date. The Human Rights Act bars evicting someone for making a complaint, and human rights complaints must be made within one year.
Newfoundland and Labrador
Yes, for a valid reason. Newfoundland and Labrador's Human Rights Act, 2010 protects disability, and the Human Rights Commission says a landlord may deny occupancy to a person with a disability only with a good faith qualification or a reasonable justification. If a landlord learns that a policy or practice discriminates against a tenant, the Commission says it must remove the barrier unless that would cause undue hardship. Its rental guideline describes a tenancy that was lawfully ended over a service dog's uncontrollable behaviour, because the reason was the behaviour and not the disability.
Under the Residential Tenancies Act, a material breach needs a written notice to fix it first and then at least one month's notice, and interference with other tenants or failure to repair damage allows at least 5 days' notice. The Human Rights Act also bars evicting someone for making a complaint.
Newfoundland and Labrador eviction process | Newfoundland and Labrador tenant rights guide
Related questions
How long does it take to evict a disabled person?
We found no rule in the tenancy laws we reviewed that sets a longer notice period for a tenant with a disability, so the landlord appears to use the same notices, deadlines and hearings as for any other tenant. The length depends on the reason and the province: for example, at least 14 days for a substantial breach in Alberta, one month for cause in BC, Saskatchewan and PEI, and 20 days for a first N5 notice in Ontario. Where the duty to accommodate applies, the landlord may first need to try accommodating the tenant, which can add time. In Ontario the Board must consider all the circumstances at a hearing and can refuse or delay an eviction, although from September 21, 2026 a delay needs the landlord's consent, or must not be unfair to the landlord or other tenants and, in most cases, rest on compelling grounds.
Can my landlord evict me because of my disability?
No. Disability is a protected ground in human rights law in every province covered here, so it cannot be the reason a landlord ends your tenancy. The landlord needs a reason the province's tenancy law allows, such as serious damage, disturbing other tenants or a risk to safety, and must follow the proper notice process. If you think the stated reason hides the real one, keep the notice and any messages, dispute the notice within the tenancy deadline and contact your province's human rights body.
What does the duty to accommodate mean for a tenant?
It means the landlord has to take your disability-related needs into account and make reasonable changes to its rules or the unit, up to a limit. The Alberta Human Rights Commission describes it as considering a tenant's requests and taking reasonable steps to meet individual needs to the point of undue hardship. Examples from the commissions include considering renovations for accessibility in Saskatchewan, a grab bar or a flat entrance in Nova Scotia, and allowing a service animal in a no-pets building in several provinces.
What counts as undue hardship for a landlord?
It is the point where accommodating a tenant would be too much for the landlord, and each province describes it a little differently. Alberta's Commission says the hardship must be substantial, such as an intolerable cost or serious disruption to the business. In Ontario only cost, outside sources of funding and health and safety count, and the landlord has to prove it. BC's Commissioner names health and safety risks and a cost the owner cannot afford, and PEI's Commission says it is reached when needs become cost-prohibitive or a risk to health and safety.
Can I be evicted for behaviour linked to my disability?
Possibly, but in some provinces only after the landlord has tried to accommodate you. The Ontario Human Rights Commission says that even when behaviour is disruptive, a landlord is expected to check whether accommodating a Code-related need would solve the problem, and to offer help before taking punitive action. It also says that if the conduct keeps seriously interfering with other tenants despite appropriate accommodation, the landlord may have no choice but to end the tenancy. Alberta's Commission lists ending a tenancy without reasonably accommodating a disability as discrimination, and New Brunswick's says a landlord must review an accommodation request carefully before starting eviction proceedings. In other provinces, ask the human rights commission how the duty applies to your case.
Can my landlord evict me because of my service dog?
Not simply for having one. The Saskatchewan Human Rights Commission says a tenant who needs a service dog because of a disability cannot be evicted from a pet-free building, and Alberta's Commission lists ending a tenancy without accommodating a tenant's need for a guide dog or service dog as discrimination. Official sources in Manitoba, New Brunswick and PEI say a no-pets rule does not apply to service animals. The animal's behaviour can still matter: the New Brunswick and Newfoundland and Labrador commissions both describe evictions over a service animal's unruly behaviour that were not discrimination, because the reason was the behaviour, not the disability. See can a landlord refuse a service dog.
Do I have to tell my landlord about my disability or show medical proof?
Accommodation usually starts with a request from the tenant, which is how the Alberta, Saskatchewan and New Brunswick commissions describe it. Nova Scotia's Commission says the duty is based on medical requirements defined by a medical professional, and Manitoba's, using medical cannabis as an example, says a landlord can ask for proof. Newfoundland and Labrador's Commission says that for a service animal a landlord may ask for a medical note or evidence of training, but not for the diagnosis. In BC, a landlord who has reason to believe a renter needs accommodation has a duty to inquire, even if the renter has not raised it.
Can a landlord refuse to make my unit accessible?
Not without considering the request. Saskatchewan's Commission says a landlord must consider making a rental accessible for an applicant or tenant who needs renovations because of a disability, up to the point of undue hardship. Nova Scotia's gives a grab bar in the bathtub or a flat entrance to the building as examples of medical requirements a landlord has a duty to accommodate. Elsewhere, ask your province's human rights commission how the duty to accommodate applies to the change you need.
Can my landlord evict me for filing a human rights complaint?
No. Human rights laws in BC, New Brunswick, Nova Scotia, PEI and Newfoundland and Labrador expressly bar evicting someone because they made a complaint, and Saskatchewan's Code bans retaliation against people who complain. Keep a record of when you complained and when any notice arrived, and raise the timing when you dispute the notice and with the human rights body.
Is a human rights complaint the same as disputing the eviction?
No. Disputing an eviction notice is handled under your province's tenancy law and has short deadlines, such as 10 days in BC and PEI and 15 days in Saskatchewan. A human rights complaint goes to the human rights body and has its own deadline, such as one year in Alberta and PEI and 12 months in Nova Scotia. In BC, the Residential Tenancy Branch cannot apply the Human Rights Code, so discrimination has to be raised with the BC Human Rights Tribunal. Do not let the tenancy deadline pass while you decide about a human rights complaint.
Where can I get help if I think I am being evicted because of a disability?
Contact your province's human rights body. In Alberta it is the Alberta Human Rights Commission, in BC the BC Human Rights Tribunal decides complaints, and Manitoba, Saskatchewan, New Brunswick, Nova Scotia, PEI and Newfoundland and Labrador each have a human rights commission. In Ontario, start with the Ontario Human Rights Commission's rental housing policy. For the eviction itself, see how to fight an eviction and how to report a landlord.
Government sources
- Alberta Human Rights Commission: Rental housing
- Alberta King's Printer: Alberta Human Rights Act
- Government of Alberta: Ending a tenancy
- BC Office of the Human Rights Commissioner: Landlords
- BC Laws: Human Rights Code
- BC Laws: Residential Tenancy Act
- Government of BC: Landlord notice to end a tenancy
- Government of Manitoba: The Human Rights Code
- Manitoba Human Rights Commission: Housing guideline
- Manitoba Human Rights Commission: Rental housing fact sheet
- Manitoba Human Rights Commission: Service animals fact sheet
- Manitoba Residential Tenancies Branch: Giving notice for reasons other than non-payment
- Government of Saskatchewan: The Saskatchewan Human Rights Code, 2018
- Saskatchewan Human Rights Commission: Housing
- Saskatchewan Human Rights Commission: Landlords, tenants and housing discrimination
- Government of Saskatchewan: The Residential Tenancies Act, 2006
- Government of Ontario: Human Rights Code
- Ontario Human Rights Commission: Policy on human rights and rental housing
- Ontario Human Rights Commission: Duty to accommodate
- Government of Ontario: Residential Tenancies Act, 2006
- Government of Ontario: O. Reg. 516/06, General
- Landlord and Tenant Board: How a landlord can end a tenancy
- Government of New Brunswick: Human Rights Act
- New Brunswick Human Rights Commission: Guideline on housing
- New Brunswick Human Rights Commission: Guideline on accommodating people with service animals
- Government of New Brunswick: Renters
- Government of New Brunswick: Residential Tenancies Act
- Nova Scotia Legislature: Human Rights Act
- Nova Scotia Human Rights Commission: Rental accommodations
- Nova Scotia Legislature: Residential Tenancies Act
- Government of PEI: Human Rights Act
- PEI Human Rights Commission: Am I in the right place?
- PEI Human Rights Commission: Areas and grounds of discrimination
- PEI Human Rights Commission: Service animals fact sheet
- Government of PEI: Residential Tenancy Act
- House of Assembly of Newfoundland and Labrador: Human Rights Act, 2010
- Newfoundland and Labrador Human Rights Commission: Guidelines on rental housing
- Government of Newfoundland and Labrador: Guide for landlords and tenants
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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