Evicting a tenant in Ontario requires strict compliance with the Residential Tenancies Act, 2006 (RTA) and procedures set by the Landlord and Tenant Board (LTB).
If you’re an Ontario landlord dealing with non-payment of rent, problematic tenants, or the need to regain possession of your property, understanding the eviction process is essential. Mistakes can lead to delays, dismissed applications, and financial loss.
This guide explains how to evict a tenant in Ontario legally and by following the correct processes.
How to Evict a Tenant in Ontario
Step 1: Identify Legal Grounds for Eviction
In Ontario, a tenant can only be evicted for valid legal reasons under the RTA. Common grounds include:
- Non-payment of rent
- Persistent late payment
- Property damage or interference with reasonable enjoyment
- Illegal activity
- Landlord’s own use or purchaser’s use
- Major renovations or demolition
Each ground requires a specific process through the Landlord and Tenant Board.
Step 2: Serve the Correct Eviction Notice
The process begins by serving the correct notice form.
Common Ontario Eviction Notices
- N4 Notice – Non-payment of rent
- N5 Notice – Damage or conduct based eviction
- N6 / N7 Notices – Illegal activity or serious safety issues
- N8 Notice – Persistent late payment
- N12 Notice – Landlord or family moving in
- N13 Notice – Renovations or demolition
A notice must clearly outline the reason for eviction, the termination date, and any amounts owing.
Important: A notice does not evict the tenant—it is only the first step.
Step 3: Wait the Mandatory Notice Period
Each notice includes a required waiting period:
- N4 (non-payment): 14 days (at present)
- N5 (damage/interference): 7 days to remedy the conduct
- N12 (own use): 60 days
- N13 (renovation/demolition): 120 days
Step 4: File an Application with the LTB
If the tenant does not comply, the next step is filing an application with the Landlord and Tenant Board.
Examples include:
- L1 Application – for non-payment of rent
- Other applications depending on the notice served and grounds relied upon
These applications request an eviction order and, where applicable, payment of arrears or damages.
Step 5: Attend the LTB Hearing
At the hearing, both parties present evidence and arguments.
Landlords should be prepared with:
- The lease agreement
- A rent ledger
- Book of evidence and/or document brief
- Copies of notices served
- Proof of service
- Supporting documentation (e.g., photos, communications)
The Landlord and Tenant Board will determine whether the eviction is justified and whether proper procedures were followed.
Step 6: Obtain the Eviction Order
If the application is successful, the LTB will issue an eviction order. This may include:
- A deadline for the tenant to vacate
- A monetary judgment for rent arrears or damages
Step 7: Enforce the Eviction Through the Sheriff
If the tenant does not leave voluntarily, the order must be filed with the Court Enforcement Office (Sheriff).
Only the Sheriff has the authority to actually have the tenant vacate the property.
Landlords are not permitted to:
- Change locks
- Remove belongings
- Shut off utilities
Attempting to do so can result in serious legal consequences.
How Long Does an Eviction Take in Ontario?
Timelines vary depending on the situation, but typically include:
- Notice period: 7 to 120 days
- Time to hearing: several weeks to months
- Sheriff enforcement: additional time depending on availability
In practice, many evictions take 2 to 6 months or longer.
Common Mistakes That Delay Evictions
Landlords frequently encounter delays due to:
- Using the wrong notice form
- Errors in dates or amounts
- Filing applications prematurely or incorrectly
- Inadequate documentation
- Attempting to bypass the legal process
Even minor technical errors can result in dismissal.
Final Thoughts
Evictions in Ontario are governed by a detailed legal framework that prioritizes due process. Landlords who understand and follow the requirements of the Residential Tenancies Act, 2006 are far more likely to achieve timely and successful outcomes.
Taking a careful, informed approach is the best way to protect your property, minimize delays, and enforce your rights effectively.
Need Help with an Eviction?
If you’re facing a difficult tenant situation, experienced representation can help streamline the process and improve outcomes at the Landlord and Tenant Board.
** Please note that the information in this article is intended for general educational purposes only and does not constitute legal advice. For legal advice tailored to your situation, please feel free to contact Landlord First LLP for a consultation.
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