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Tenant Eviction · Notices, Applications and Hearings · Serving Landlords across Ontario
Ending a residential tenancy in Ontario requires more than asking a tenant to leave. A landlord must have a lawful basis for ending the tenancy, use the correct notice where notice is required, follow the applicable timelines and, if the tenant does not move out, obtain an eviction order from the Landlord and Tenant Board (LTB).
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Where an eviction starts
The correct procedure depends on the reason the tenancy is being ended. Non-payment of rent, substantial interference, serious damage, illegal activity, persistent late payment, landlord or purchaser own use, and major renovation or demolition matters do not all follow the same process. Rockstart Legal assists Ontario landlords with tenant eviction matters from the initial review of the tenancy problem through the appropriate notice, LTB application and hearing. Where an eviction order is issued and the tenant does not leave as required, we can also explain the lawful enforcement process.
Security of tenancy
Ontario tenants have security of tenancy. A tenancy does not end simply because a lease reaches its expiry date or because a landlord wants the tenant to leave. A landlord must rely on a reason permitted under the Residential Tenancies Act or another lawful basis for ending the tenancy.
Some eviction matters arise from the tenant's conduct or failure to meet tenancy obligations. These are commonly described as "for cause" matters. Other situations are not based on tenant misconduct, such as a landlord requiring the unit for personal use or major renovations that require vacant possession.
In most cases, the landlord begins by serving the tenant with the notice that corresponds to the particular reason for termination. Some notices give the tenant an opportunity to correct the problem and remain in the unit. Other notices cannot be voided in that way.
If the tenant does not move out after a valid notice and the landlord wishes to continue, the landlord generally must apply to the LTB.
Find your situation
The appropriate eviction process depends on the facts. Common landlord matters include:
Because each ground has its own requirements, a landlord should not select an eviction notice simply because the form appears similar to the situation. Rockstart's separate landlord service pages address these issues in greater detail.
Start with the facts
The notice is often the foundation of an eviction application. The LTB provides different termination forms for different grounds, including forms such as N4, N5, N6, N7, N8, N12 and N13.
The correct form depends on why the landlord wants to end the tenancy. The required termination date, notice period, information that must be included, and whether the tenant can void the notice may also differ.
An incorrectly selected or improperly completed notice can affect the landlord's ability to proceed. The LTB states that a notice must provide the information required by law and that an application based on an incomplete or incorrect notice may be dismissed.
This is why the eviction process should begin with the facts rather than with a form. The landlord's objective, the conduct alleged, the tenancy history and the specific legal ground should be reviewed before the notice is prepared and served.
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What a notice does, and does not, do
Serving a termination notice does not itself evict the tenant. A notice tells the tenant that the landlord is seeking to end the tenancy on a stated date. If the tenant does not move out and the landlord is entitled to proceed, an application must generally be filed with the Landlord and Tenant Board.
Different applications are used for different circumstances. For example, an L1 is used in the non-payment process where the landlord seeks eviction and collection of rent owing. Many other termination grounds proceed through an L2 application. Other specialized applications may apply where a tenant has already agreed or given notice to terminate, or where an existing LTB order or mediated settlement has been breached.
The application must match the legal basis relied upon and, where a prior notice was required, must be consistent with that notice. Filing deadlines can also apply. The landlord should ensure that the notice, application and supporting information all describe the case accurately.
Where an eviction ground has its own detailed service page, Rockstart Legal's content will link to that page and, where appropriate, to a separate guide for the relevant notice or LTB application.
If the matter proceeds to a hearing, the landlord must establish the basis for the application. The tenant can dispute the application, present evidence and make submissions about why the tenancy should not be terminated or why other relief should be granted.
The LTB adjudicator decides the case and issues a written order. An eviction application therefore requires more than correctly filling out a form. The landlord's case must be prepared around the legal ground being relied upon and the facts that support it.
After the order
If the LTB issues an eviction order, the order will state when the tenancy ends and when the tenant must leave.
If the tenant leaves as required, no physical enforcement is necessary.
If the tenant remains in the rental unit after the enforceable date, the landlord cannot personally remove the tenant or simply change the locks. An LTB eviction order is enforced through the Court Enforcement Office of the Superior Court of Justice, commonly referred to as the Sheriff's Office.
The landlord must file the eviction order with the Court Enforcement Office and follow the enforcement process. Only the Sheriff can physically enforce the eviction order. This distinction is important because a landlord who attempts a self-help eviction can create additional legal problems even after successfully obtaining an LTB order.
For situations where an eviction order already exists but the tenant has not left, see our Tenant Refuses to Leave service.
Working with us
Tenant eviction matters can involve strict notice requirements, different application routes and facts that may be disputed at an LTB hearing. Rockstart Legal assists landlords by first identifying the legal issue and then matching the procedure to the particular circumstances.
Where the case involves a specific issue such as unpaid rent, property damage, persistent late payment, landlord's own use or renovation, Rockstart can address the matter under the legal process that applies to that particular ground rather than treating every eviction as the same type of case.
Depending on the matter, our assistance may include:
Other matters we handle
Landlords often have more than one problem running at once. These are the other situations we act on.
The tenant is still in the unit and rent has stopped coming in.
Read moreRecovering unpaid rent from a current or a former tenant.
Read moreAn eviction order exists and the tenant is still in the unit.
Read moreFor the full range of landlord and tenant work, see our landlord paralegal services.
Before you call
In most disputed eviction situations, no. A landlord generally needs to follow the applicable notice and LTB application process and obtain an eviction order before the tenant can be lawfully removed. There are specialized procedures for certain situations, but a landlord should not personally force a tenant out.
No. A landlord's notice to end the tenancy is not the same thing as an LTB eviction order. If the tenant does not move out and the landlord proceeds with an application, the LTB determines whether an eviction order should be made.
It depends on the legal reason for ending the tenancy. Different grounds use different forms, such as N4 for non-payment, N8 for persistent late payment, N12 for qualifying own-use matters and N13 for certain demolition, conversion or repair situations. Conduct-related matters may involve other notices.
The notice is a key part of many eviction applications. If the wrong notice is used or required information is missing or incorrect, the landlord's application may be delayed or dismissed. The notice should be selected based on the actual statutory ground being relied upon.
Not simply because an order has been issued. If the tenant remains in the unit after the eviction order becomes enforceable, the order must be enforced through the Court Enforcement Office. The Sheriff, not the landlord, carries out the physical eviction.
Yes, where Rockstart Legal is retained and the matter is within the permitted scope of paralegal practice, Rockstart can assist with case preparation and represent the landlord before the Landlord and Tenant Board.