Introduction 

For many Ontario landlords, the most frustrating part of the eviction process is not necessarily the legal requirement to terminate a tenancy, but the delays that can arise along the way. The eviction process under the Residential Tenancies Act, 2006 is highly procedural and involves multiple mandatory steps, including proper notice, application filing, a hearing, and enforcement through the Sheriff.

Because of these layered requirements, tenants have several procedural opportunities to slow or delay an eviction. While many of these steps are legitimate legal rights, they can significantly extend timelines if a landlord is not properly prepared. This article outlines the most common delay strategies tenants use in Ontario and explains how landlords can respond effectively.

1.    Failing to Remedy the Issue Within the Notice Period

One of the earliest opportunities for delay arises at the notice stage. When a landlord serves a valid eviction notice, the tenant is given a mandatory period to either remedy the issue or vacate. Tenants will often do neither and remain in the unit until the landlord files an application with the Landlord and Tenant Board.

How to respond: Ensure notices are accurate and properly served. Any defect can result in dismissal and require restarting the process.

2.    Raising Technical Defences at the Hearing

Tenants may raise procedural arguments such as defective notice, improper service, or missing information. Even minor errors can result in adjournments or dismissals.

How to respond: Prepare a complete evidentiary record including the lease, rent ledger, notices, and proof of service.

3.    Requesting Adjournments

Tenants may request adjournments to obtain legal advice or gather evidence. These can extend timelines significantly.

How to respond: Oppose unnecessary adjournments and demonstrate readiness to proceed.

4.    Filing Tenant Applications or Counterclaims

Tenants may bring claims related to maintenance, enjoyment, or bad faith eviction, which can complicate proceedings.

How to respond: Maintain strong documentation such as maintenance logs and communications to defend against claims.

5.    Delays Built Into the Tribunal System

Scheduling delays at the Landlord and Tenant Board can extend timelines, especially for contested matters.

How to respond: File applications promptly and ensure accuracy to avoid further delay.

6.    Remaining in the Unit After an Eviction Order

Even after an order is issued, tenants may not vacate, requiring Sheriff enforcement.

How to respond: Move quickly to file the order for enforcement.

7.    Taking Advantage of Procedural Errors

Errors in notices, service, or applications can cause dismissal and restart the process.

How to respond: Ensure full procedural compliance at every step.

Conclusion

Delays in Ontario eviction proceedings are common and often arise from a mix of tenant strategies, procedural rights, and systemic factors. The most effective way to avoid delay is through precision, preparation, and compliance.

If you are dealing with a tenant who is delaying your eviction, Landlord First LLP can assist with a structured and legally sound approach. Contact our team today to move your matter forward efficiently and with confidence.