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How to Evict a Tenant in Ontario Legally: A Landlord’s Guide

How to Evict a Tenant in Ontario Legally: A Landlord’s Guide – BungalowConnect.com

To evict a tenant in Ontario, you must have a reason allowed under the Residential Tenancies Act, serve the correct notice, apply to the Landlord and Tenant Board (LTB) if the tenant doesn’t leave, and get an eviction order. Only the Court Enforcement Office (Sheriff) can carry out the eviction. Changing the locks or removing a tenant’s belongings yourself is illegal and can lead to serious penalties.

Key takeaways

  • You need a legal reason and the correct LTB notice form.
  • A notice alone doesn’t evict anyone; an LTB order is needed.
  • Only the Sheriff can enforce an eviction order.
  • Small errors on forms can force you to start over.

Ontario landlords can’t end a tenancy simply because the lease term is over. Tenancies usually continue month to month unless there’s a legal reason to end them. Common reasons fall into two groups.

Tenant-related reasons (“fault” grounds)

  • Not paying rent.
  • Persistently paying rent late.
  • Damaging the unit on purpose or through carelessness.
  • Seriously interfering with others’ reasonable enjoyment.
  • Illegal activity at the property.
  • Having too many people living in the unit, against health or safety rules.

Landlord-related reasons (“no fault” grounds)

  • You, a close family member or a caregiver will move into the unit.
  • You’ve sold the home and the buyer or their family will live there.
  • You plan to demolish the unit, convert it or do major repairs that need it to be vacant.

No-fault evictions come with extra rules, including compensation to the tenant and, in some cases, the tenant’s right to return. Bad faith notices can lead to large fines.

  1. Serve the right notice. Each reason has its own LTB form. For example, an N4 is for non-payment of rent and an N12 is for the landlord’s or purchaser’s own use.
  2. Wait for the notice period. Each form has its own timing. Some notices, like the N4, are voided if the tenant fixes the problem.
  3. File an application. If the tenant doesn’t leave or fix the issue, apply to the LTB. For unpaid rent, that’s usually an L1 application.
  4. Attend the hearing. Both sides present evidence. Many hearings are held by video, and mediation is often offered.
  5. Get the order. If the adjudicator agrees, the LTB issues an eviction order with a termination date.
  6. File with the Sheriff. If the tenant still doesn’t leave, file the order with the Court Enforcement Office, which carries out the eviction.
Stone wall of the Toronto courthouse engraved with the words Court House beneath a carved crown
Only the Court Enforcement Office (the Sheriff) can carry out an eviction, and only after the LTB has issued an order. Photo: Chris Woodrich, CC BY-SA 4.0

Hearing wait times can be long, so act promptly and keep paying your own bills in the meantime.

Common LTB notices at a glance

Form Used for
N4 Non-payment of rent
N5 Damage or interference with others
N8 Persistent late payment
N12 Landlord’s or purchaser’s own use
N13 Demolition, conversion or major repairs
N11 Landlord and tenant agree to end the tenancy

Always download the latest version of each form from the LTB’s website and read its instructions. Forms and rules change over time.

Mistakes that can sink your eviction

  • Wrong form or wrong dates: errors can void the notice.
  • Improper service: notices must be delivered in a way the LTB accepts.
  • Self-help evictions: changing locks, cutting off utilities or removing belongings is illegal.
  • Bad faith notices: claiming personal use and then re-renting at a higher rent can lead to fines.
  • Poor records: without a rent ledger, lease and written messages, your case is weaker.
  • Refusing partial rent without a plan: how you handle payments can affect your case, so get advice.

Bungalow tip: If you live upstairs and share a kitchen or bathroom with your tenant, the Residential Tenancies Act may not apply. Get legal advice before serving any notice.

Try to resolve it before it gets to eviction

Eviction is slow, stressful and expensive for everyone. Many problems can be solved earlier:

  • Talk to the tenant as soon as rent is late.
  • Offer a written repayment plan for arrears.
  • Use LTB mediation to reach a settlement.
  • Consider an N11 mutual agreement if both sides want to end the tenancy.

Careful screening is the best prevention. Our guide on long-term vs short-term tenants covers how to find tenants who stay and pay.

Selling a bungalow with a tenant in place

If you’re selling, a tenant doesn’t automatically have to leave. If the buyer wants to live in the home, the buyer can require you to serve notice for their own use once the sale is firm, following strict rules.

Otherwise, the buyer takes over as landlord. Plan the timing carefully with your Realtor and lawyer. Our seller’s guide covers the selling process in more detail.

Frequently asked questions

How long does it take to evict a tenant in Ontario?

It depends on the reason, the notice period and LTB hearing wait times. Plan for a process that can take several months or longer.

Can I evict a tenant to move into my own bungalow?

Yes, if you or a close family member will genuinely live there, using the correct notice and paying required compensation. Bad faith use can lead to fines.

Can I change the locks if my tenant stops paying rent?

No. That’s an illegal lockout. You must follow the notice, LTB and Sheriff process.

Do I need a lawyer or paralegal to evict a tenant?

You can represent yourself, but a licensed paralegal or real estate lawyer can help avoid costly mistakes, especially for no-fault evictions.

The bottom line

Legal evictions in Ontario follow a strict process: a valid reason, the right notice, an LTB order and Sheriff enforcement. Shortcuts can cost you months and money.

This is general information, not legal advice. Speak with a licensed paralegal or lawyer about your situation, and read our overview of the Landlord and Tenant Board.

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