Evicting a tenant in Ontario is not something a landlord can do unilaterally. The Residential Tenancies Act, 2006 (RTA) requires landlords to follow a prescribed process — serving the correct notice form, waiting the required period, filing an application with the Landlord and Tenant Board (LTB), attending a hearing, and then, if an eviction order is issued, having it enforced by the sheriff. Shortcuts, such as changing locks or removing a tenant's belongings, are illegal and can expose landlords to significant liability. This guide walks through the entire process step by step.
Step 1: Identify the Correct Notice Form
The first step in any Ontario eviction is serving the tenant with the appropriate termination notice. The notice form depends on the ground for eviction:
- N4 — Non-Payment of Rent: Used when the tenant has not paid rent by the date it is due. The tenant has 14 days from receiving the notice to pay all outstanding rent in full. If the tenant pays within 14 days, the N4 is void and the tenancy continues. If they do not pay or move out, the landlord can file an L1 application with the LTB.
- N5 — Property Damage, Interference, or Overcrowding: Used when the tenant or their guests have damaged the property, substantially interfered with the landlord's or another tenant's reasonable enjoyment, or overcrowded the unit. The tenant has 7 days to correct the problem on a first N5. A second N5 within 6 months cannot be voided by correction.
- N8 — Persistent Late Payment of Rent: Issued when a tenant consistently pays rent late over multiple months. Unlike the N4, an N8 does not give the tenant an opportunity to void the notice by paying — it requires an LTB hearing to determine whether eviction is appropriate.
- N12 — Landlord's Own Use: Used when the landlord, a close family member (spouse, child, parent), or a person who is purchasing the property genuinely intends to move in and personally occupy the unit. Requires a minimum of 60 days' notice and compensation of one month's rent to the tenant.
Step 2: File an L1 or L2 Application with the LTB
If the tenant does not comply with the notice (pay rent, correct the breach, or vacate), the landlord's next step is to file an application with the Landlord and Tenant Board:
- L1 Application — Eviction for Non-Payment of Rent: Filed after an N4 where the tenant has not paid. The L1 also asks the LTB to issue an order for the amount of rent owed. There is a filing fee (currently $201 for online filings).
- L2 Application — Eviction for Breach of Lease or Other Grounds: Used for N5, N8, N12, and various other grounds. The L2 covers damage, interference, persistent late payment, and personal use evictions.
Applications must be filed within 30 days of the termination date specified in the notice (for N4, N5, and most N forms). Missing this window can require serving a new notice and starting again. The LTB will send a Notice of Hearing to both parties specifying the date and time of the hearing.
Step 3: The LTB Hearing Process
LTB hearings are currently conducted primarily by videoconference. The landlord (applicant) and tenant (respondent) both have the opportunity to present evidence and submissions. Adjudicators may:
- Issue an eviction order (typically with a standard delay of 11 days for the tenant to find other accommodation, or longer in hardship cases).
- Order a "pay and stay" arrangement allowing the tenant to remain if they pay arrears in full plus the landlord's filing costs.
- Dismiss the application if proper procedures were not followed or if the landlord's claim is not proven.
- Award costs in appropriate cases.
Landlords should come prepared with all relevant documentation: the signed lease, payment records, the served notice (with proof of service), and evidence supporting the claim (e.g., photographs for damage, rent ledger for arrears).
Step 4: Enforcement by the Sheriff
An LTB eviction order does not automatically remove the tenant. After the order is issued, if the tenant does not vacate by the specified date, the landlord must file the order with the Court Enforcement Office (sheriff's office) to request enforcement. There is a fee for this service. The sheriff will schedule an enforcement date and attend the property to oversee the tenant's removal. Only the sheriff can physically enforce an eviction order — landlords cannot do it themselves.
N12 Evictions: Landlord's Own Use — Special Rules
N12 evictions (personal use) are frequently contested and carry specific obligations:
- The landlord or qualifying family member must genuinely intend to occupy the unit — a bad-faith N12 is grounds for the LTB to dismiss the application and order the landlord to pay compensation of up to 12 months' rent.
- The tenant is entitled to compensation equal to one month's rent, which must be paid by the termination date or the last month's rent deposit can be applied.
- If the landlord does not actually move in, or re-rents the unit within a year, the former tenant can apply to the LTB for compensation.
- For N12 applications involving purchasers, a copy of the purchase agreement must typically be submitted with the L2 application.
After the Eviction: Dealing with Abandoned Property
Once a tenant vacates — whether voluntarily or by sheriff enforcement — there are rules around property they leave behind. Under the RTA, if a tenant has vacated and left property, the landlord is generally required to store the property for a defined period before disposing of it. The specific rules depend on whether the unit was vacated pursuant to an order or voluntarily. Landlords should not simply dispose of or keep a former tenant's property without following the applicable rules, as this can create liability.
Timeline Summary for a Standard N4 Eviction
- Day 1: Rent is due and not paid.
- Day 2+: Serve N4 notice on the tenant.
- Day 16: If rent still unpaid, file L1 with LTB (within 30 days of termination date).
- Day 40–90 (approx.): LTB hearing scheduled and held.
- Order issued: 11 days for tenant to vacate (standard delay).
- Post-order: If tenant does not leave, file with Court Enforcement Office for sheriff enforcement.