Eviction Process in Ontario: What Landlords and Tenants Need to Understand
The eviction process in Ontario can be complex and stressful for both landlords and tenants. Whether you are a landlord trying to reclaim your rental unit or a tenant facing eviction, it is important to understand the legal process, notice requirements, and potential pitfalls.
This guide outlines the eviction process in Ontario, ensuring that both landlords and tenants are aware of their rights and responsibilities.
Understanding the Eviction Process in Ontario
In Ontario, evictions must follow the Residential Tenancies Act (RTA) and are overseen by the Landlord and Tenant Board (LTB). Landlords cannot force tenants to leave without going through the proper legal steps.
Steps in the Eviction Process
Providing Proper Notice
The landlord must give the tenant a written notice stating the reason for eviction and the date the tenant is expected to vacate.
Filing with the Landlord and Tenant Board (LTB)
If the tenant does not move out by the date on the notice, the landlord must file an application with the LTB to request an eviction hearing.
Attending the Hearing
Both the landlord and tenant will have the opportunity to present their case before the LTB. Evidence and testimony can be provided by both parties.
Receiving an LTB Decision
The LTB will either approve or deny the eviction. If approved, the landlord will receive an eviction order.
Enforcing the Eviction Through the Sheriff
If the tenant does not leave voluntarily, the landlord must hire the Sheriff to enforce the eviction order. Landlords cannot remove tenants themselves.
Common Reasons for Eviction in Ontario
Landlords can only evict tenants for specific legal reasons. Some of the most common reasons include:
Non-Payment of Rent
A landlord can issue a Form N4 (Notice to End Tenancy for Non-Payment of Rent) if the tenant does not pay rent on time.
The tenant has 14 days to pay the overdue rent (7 days if the lease is weekly or daily).
If the rent is not paid, the landlord can apply to the LTB for eviction.
Breach of Lease Agreement
If a tenant damages the unit, causes excessive noise, or disrupts other tenants, a Form N5 (Notice to End Tenancy for Interfering with Others, Damage, or Overcrowding) may be issued.
The tenant has 7 days to correct the issue.
If the issue continues, the landlord can apply for an eviction hearing.
Illegal Activity
If a tenant is involved in illegal activity on the rental property, the landlord can serve a Form N6 (Notice to End Tenancy for Illegal Acts or Misrepresentation of Income in Subsidized Housing).
Depending on the nature of the activity, the tenant may have 10 days to vacate.
Landlord or Family Member Requires the Unit
A landlord can evict a tenant if they or an immediate family member need to move into the unit.
The landlord must provide 60 days' notice using a Form N12 (Notice to End Tenancy for Landlord’s Own Use).
The landlord must either pay the tenant one month’s rent as compensation or offer another rental unit.
The landlord or family member must occupy the unit for at least one year after the eviction.
Demolition, Renovation, or Conversion of the Unit
If a landlord intends to demolish, convert, or renovate the unit in a way that requires it to be vacant, they must provide a Form N13 (Notice to End Tenancy for Demolition, Conversion, or Repairs).
The notice period for this type of eviction is 120 days.
In some cases, tenants have the right to move back into the unit after renovations are completed.
Notice Requirements for Eviction
Each type of eviction has a required notice period.
Non-payment of rent: 14 days (7 days for weekly or daily leases)
Breach of lease (N5 notice): 7 days to correct the issue
Illegal activity: 10 days
Landlord or family requires the unit: 60 days
Demolition, renovation, or conversion: 120 days
For a notice to be valid, it must:
Be properly completed and signed by the landlord
Clearly state the reason for eviction
Provide the correct notice period
Be delivered in person, by mail, or posted on the tenant’s door
If the notice is not completed correctly, the LTB may dismiss the eviction request.
Common Pitfalls for Landlords
Many landlords make mistakes that can delay or invalidate an eviction. Some common errors include:
Not following proper legal procedures: Landlords cannot change the locks, shut off utilities, or attempt to remove a tenant without an LTB order.
Incorrectly filling out forms: Errors in eviction notices can result in delays or dismissed applications.
Failing to provide compensation: If a landlord is evicting a tenant for personal use or renovations, they must pay compensation as required by law.
Evicting in bad faith: If a landlord falsely claims they need the unit for personal use but then rents it out to someone else, the tenant may be entitled to damages.
Common Pitfalls for Tenants
Tenants can also make mistakes that negatively impact their case. Some common pitfalls include:
Ignoring eviction notices: Failing to respond to notices or attend LTB hearings can result in an eviction order being issued without the tenant’s input.
Not paying rent after receiving an N4 notice: If rent is not paid within the notice period, eviction proceedings can move forward quickly.
Violating lease terms: Tenants who cause damage or disrupt neighbors may be evicted with little opportunity to correct the issue.
Relying on verbal agreements: Tenants should always request written documentation of any agreements made with landlords, especially regarding eviction settlements.
Tenant Rights During the Eviction Process
Tenants have legal rights throughout the eviction process, including:
The right to stay in the unit until the LTB issues an eviction order
The right to dispute an eviction by attending the LTB hearing and presenting evidence
The right to proper notice before an eviction
The right to compensation if being evicted for landlord’s personal use or renovations
What to Do If You Are Facing an Eviction
For Tenants
Review the notice to ensure it is valid.
Communicate with the landlord to try to resolve the issue, such as negotiating a rent repayment plan.
Attend the LTB hearing to present evidence if the eviction is unfair.
Seek legal help from a tenant advocacy group or a community legal clinic.
For Landlords
Ensure all eviction forms are correctly completed and delivered properly.
Follow all legal steps and avoid self-help eviction tactics such as lockouts.
Provide compensation if required for personal-use or renovation evictions.
Keep detailed records of notices, communications, and lease violations.
Where to Get Help
For more information or legal assistance, landlords and tenants can contact:
Landlord and Tenant Board (LTB) – Handles eviction applications and disputes.
Tenant advocacy groups – Provide legal support and guidance for tenants facing eviction.
Community legal clinics – Offer free legal assistance for tenants with low income.
Ontario Landlords Association – A resource for landlords dealing with tenancy issues
Final Thoughts
Evictions in Ontario must follow legal procedures to ensure fairness for both landlords and tenants.
For landlords, understanding the eviction process and following the proper legal steps is essential to avoid delays and legal issues. For tenants, knowing their rights and responding appropriately to eviction notices can help them protect their housing.
If you are dealing with an eviction, seeking legal advice can help ensure that your rights are protected.
