Eviction Process in Ontario: Step-by-Step Legal Guide

Important: You Cannot Evict a Tenant Yourself

Let's get this out of the way immediately. In Ontario, only the Landlord and Tenant Board (LTB) can order an eviction, and only the Sheriff can enforce it. You cannot:

• Change the locks
• Remove a tenant's belongings
• Shut off utilities
• Physically remove anyone
• Intimidate or harass a tenant into leaving

Doing any of these things is illegal under the Residential Tenancies Act. The LTB can fine you, and the tenant can file a T2 application against you. Play by the rules.

Grounds for Eviction

You can't evict a tenant just because you want to. The RTA specifies valid grounds:

Non-Payment of Rent

The most common reason. If rent is overdue, you can start the process immediately.

Persistent Late Payment

Different from non-payment. This applies when rent is always late, even if it's eventually paid.

Interference with Others

Noise complaints, harassment of other tenants, or behaviour that substantially interferes with reasonable enjoyment.

Damage to the Unit

Wilful or negligent damage beyond normal wear and tear.

Illegal Activity

Drug trafficking, illegal business operations, or other criminal activity in the unit.

Personal Use

You or an immediate family member genuinely needs to move into the unit.

Major Renovations

Renovations so extensive the unit must be vacant. This has strict requirements and compensation rules.

Step 1: Serve the Appropriate Notice

Each ground for eviction has a specific notice form:

• N4 for non-payment of rent (14-day notice)
• N5 for interference or damage (first: 7-day voidable; second within 6 months: non-voidable with 14-day termination)
• N6 for illegal acts (10 to 20 day notice depending on circumstances)
• N7 for serious damage or safety concerns (10-day notice)
• N12 for personal use (60-day notice, plus one month's compensation)
• N13 for demolition or major renovations (120-day notice)

How to Serve the Notice

Proper service is essential. Acceptable methods include:

1. Handing it directly to the tenant
2. Sliding it under the door or through a mail slot
3. Placing it in the mailbox
4. Sending by mail (add 5 days to the notice period)

Keep a record of how and when you served the notice. You'll need to complete a Certificate of Service when you file with the LTB.

Step 2: Wait for the Notice Period to Expire

You must wait for the full notice period to pass. During this time:

• For an N4, the tenant can void the notice by paying all rent owed within 14 days
• For a first N5, the tenant can void it by correcting the behaviour within 7 days
• For an N12, you must pay the tenant one month's rent (or offer another unit)

If the tenant remedies the situation within the voidable period, the notice is cancelled. You start over if the problem recurs.

Step 3: File an Application with the LTB

If the notice period expires and the tenant hasn't resolved the issue or moved out:

1. Complete the appropriate L-form application (L1 for arrears, L2 for other grounds)
2. File online through the Tribunals Ontario Portal
3. Pay the filing fee ($201 for most applications)
4. Include copies of the notice and Certificate of Service

Having all your documentation organized is crucial here. BricksAbove stores your lease agreements, payment records, and communication history in one place, making it easy to compile your application quickly and accurately.

Step 4: Attend the LTB Hearing

After filing, you'll receive a hearing date. Currently, most hearings are conducted via video conference. Prepare by:

• Organizing all evidence chronologically
• Preparing a clear, concise opening statement
• Bringing three copies of all documents
• Having witnesses ready if needed

At the hearing, the adjudicator will hear both sides. Be professional, factual, and concise. Stick to what's relevant. The adjudicator doesn't need to hear about every minor frustration. Focus on the grounds in your application.

Mediation Option

Many hearings include a mediation session first. If you and the tenant can agree on terms (like a payment plan for arrears), it can be formalized into a binding order. This is often faster and less stressful than a full hearing.

Step 5: Receive the Order

The LTB adjudicator will issue an order that may include:

• An eviction order with a specific date by which the tenant must leave
• A conditional order allowing the tenant to stay if they meet certain conditions (like a payment plan)
• An order for the tenant to pay arrears
• Dismissal of your application

The order typically gives the tenant 11 days to move out (standard) or as little as 72 hours in extreme cases (serious safety concerns).

Step 6: File with the Sheriff

If the tenant doesn't leave by the date in the order:

1. File the eviction order with the Court Enforcement Office (Sheriff)
2. Pay the Sheriff's fee
3. The Sheriff will schedule the enforcement, typically within a few weeks
4. The Sheriff physically removes the tenant if necessary

After the Sheriff enforces the order, you can change the locks and secure the unit.

Timeline: How Long Does It Take?

Realistically, from serving notice to actual eviction:

• Best case (tenant leaves voluntarily): 14 to 60 days
• Typical case (through LTB): 3 to 6 months
• Worst case (delays, adjournments): 6 to 12+ months

These timelines underscore why proper tenant screening is so important. Prevention is always cheaper than eviction.

Common Eviction Mistakes

1. Using the wrong notice form. Each situation has a specific form. Using the wrong one wastes time.
2. Incorrect notice periods. Count the days carefully. Serving by mail? Add 5 days.
3. Poor documentation. The LTB needs evidence. "Trust me, they're terrible" doesn't cut it.
4. Missing the filing deadline. For an N4, you must file the L1 within 30 days of the termination date on the notice.
5. Bad faith N12s. Filing a personal-use eviction when you actually plan to re-rent the unit at a higher price. Fines can reach $50,000 for individuals.
6. Self-help eviction. Changing locks or shutting off utilities. Always illegal. Always backfires.

Planning your next rent adjustment? Use our free rent increase calculator to see exactly how much you can raise rent under Ontario's guidelines. If you're also evaluating whether your rates are competitive, our rent calculator can help you compare your property against current market conditions.

Protecting Yourself Throughout the Process

The eviction process is stressful, expensive, and time-consuming. Protect yourself by:

• Screening tenants thoroughly before they move in
• Using the Ontario Standard Lease
• Documenting everything from day one
• Acting promptly when issues arise
• Following the legal process exactly

A property management platform like BricksAbove gives you the organizational tools to stay on top of your rental operations. From tracking rent payments to storing lease documents and communication records, having everything in one system means you're always prepared. Sign up today and take control of your property management.