Landlord & Tenant

Evictions & Ending Tenancies

In Ontario, the Landlord and Tenant Board is responsible for settling disputes between landlords and tenants, including evictions. Landlords can only evict tenants if they have a valid reason and they must follow the legal process set out in Ontario’s Residential Tenancies Act.

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Evictions & Ending a Residential Tenancy

Eviction procedures for residental rented homes in Ontario can be a complicated process, and it is important for tenants to be aware of their rights and responsibilities.

In Ontario, the Residential Tenancies Act governs the relationship between landlords and tenants. According to the Act, a landlord must give a tenant written notice before they can begin the process of evicting them. This notice must provide the tenant with the reason for the eviction, the date by which they must leave the property, and the legal name and address of the landlord.


There are three types of eviction notices that a landlord can issue to a tenant in Ontario. The first is a Notice to End your Tenancy Early for Non-payment of Rent. This notice is issued when a tenant has not paid the rent on time. The notice must be served at least 14 days before the date the tenant is required to leave the property.


The second type of eviction notice is a Notice to End your Tenancy Early for Cause. This notice is served when a tenant has breached the terms of their rental agreement, such as causing significant damage to the property or engaging in criminal activity on the premises. This notice must be served at least 20 days before the tenant is required to leave.


The third type of eviction notice is a Notice of Termination for Landlord’s Own Use. This notice is served when a landlord wants to use the property for their own personal use, such as living in it themselves or renting it to a family member. This notice must be served at least 60 days before the tenant is required to leave.


If a tenant does not leave the property after receiving an eviction notice, the landlord may apply to the Landlord and Tenant Board for an order of eviction. The Board will then hold a hearing to determine if the eviction is justified. If the Board finds in favour of the landlord, they will issue an order of eviction that requires the tenant to leave the property within 7 to 14 days.


It is important for tenants to understand their rights and responsibilities when it comes to eviction procedures in Ontario. If you are a tenant facing eviction, you should contact a legal aid lawyer to ensure that your rights are protected.




Don't Start Packing Just Yet

As a landlord in Ontario, you may find yourself needing to evict a tenant. While this is a fairly straightforward process in most cases, it can become complicated quickly if the tenant chooses to fight the eviction or if the landlord has not followed all the legal steps properly. This is why it is important for landlords to work with Cordaie Paralegal Services who is knowledgeable in tenant and landlord law in Ontario.


One of our experienced paralegals can provide invaluable guidance and advice on the eviction process. For example, they can help ensure that the landlord is aware of all of their legal obligations, such as providing the tenant with adequate notice of their intention to evict. Our paralegal can also help the landlord prepare the necessary paperwork and explain the steps involved in the eviction process.


Additionally, we can help the landlord understand the potential legal risks of eviction. For example, if the landlord fails to comply with the Residential Tenancies Act, they could be liable for damages and/or face penalties. Our team can also help the landlord understand their legal rights and obligations in the event that the tenant refuses to leave the rental property.


Finally, we can also provide advice and representation in the event of a hearing before the Landlord and Tenant Board. In this case, our paralegal will help the landlord present their case and ensure that the eviction is lawfully carried out.


In sum, Cordaie Paralegal Services is invaluable when it comes to eviction proceedings for residential rental properties in Ontario. We can help landlords understand their rights and obligations as well as provide advice and representation throughout the process.


Schedule a free consultation today at 844-4-WIN-4-ME.

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Evictions & Ending Tenancies

Some important information you should know about evictions and ending tenancies.

Non-Payment of Rent

If a landlord does not receive the tenant's rent on time, they can contact them. For instance, if the rent is due May 1 and it is now May 2, the landlord can give them a notice. The tenant must, however, still reside in the rental unit for this to happen. If rent remains owing after the tenant moves out, it must be collected through the courts (i.e. Small Claims Court).


In cases where the landlord does not want the tenants evicted, the Landlord and Tenant Board (LTB) can order the rent to be collected. The tenants must still live in the rental unit in this case. At this point, even after the LTB issues an order for payment, the landlord cannot evict the tenant. Therefore, there will not be an eviction if the tenant does not pay after the first notice. A new form would have to be created.


If the tenant pays the outstanding rent by the termination date of the notice, the notice is no longer valid. At that time, a request for eviction cannot be submitted to the LTB. However, the landlord can apply with the LTB to evict the tenant and collect the outstanding debt. They will be evicted if they don't pay their rent or do not leave by the deadline. On the day following the termination date specified in the notification, landlords can submit their eviction applications to the LTB.

Interfering With Others

If a tenant or one of their agents (e.g. guests, roommates, etc.) interferes with the peaceful enjoyment of someone else or the landlord, the landlord may serve them with a notice. This statement also includes rights, privileges, and interests.



The process may be different depending on whether the landlord and tenant live in the same building and how many residential units there are (e.g. more than three). A major advantage of this form is that it provides a shorter notice period and cannot be revoked. There is only one type of form that can be used by the landlord in this situation. This form initiates the eviction process.


On the eighth day after receiving the form, if the tenant fails to cease their activities and correct their behaviour, the landlord can request eviction from the LTB. A tenant who receives a second same type of form must follow the same rules. Additional steps would be required for the eviction application.

Damage

A landlord can serve a notice on a tenant if they intentionally or negligently damage a rental unit. When the landlord lives in the same building as the tenant, and the building has three or fewer residential units, the landlord can serve a specific form to the tenant. As opposed to an alternative form, this form cannot be cancelled by the tenant, and the notice period is shorter.


To prove to the Landlord and Tenant Board (LTB) that the tenant did the damage wilfully, the landlord must use the proper form. If the tenant corrects the problem within seven days of receiving this notice, the notice will be void. As a result, the landlord cannot evict them through the LTB. It is possible to file an eviction petition with the LTB if the tenant fails to void the notice within seven days. The notice must be the tenant's second of this type. A specific deadline and additional steps will need to be taken.

Overcrowding

Imagine a situation where the number of people living in the rental unit exceeds the regulations regarding safety, property, or health. As a result, the landlord is allowed to give notice of eviction. If the tenant does not cease these activities or correct this behaviour within seven days, they can apply for eviction to the Landlord and Tenant Board (LTB).


In the event that the tenant corrects the problem within seven days of receiving the notice, the notice becomes void. The landlord cannot evict them through the LTB. If a tenant fails to void the notice within seven days of receiving it, the LTB can issue an eviction notice. These are the second notices of this type they have received. There are additional steps to be taken, including specified timeframes.

Drugs, Illegal Act

The landlord can provide the tenant with notice if the tenant or their representative (i.e. a visitor, roommate, etc.) engages in the manufacture, distribution, or possession of illegal substances with the intent of distributing them, or the tenant consents to another person engaging in such conduct at the rental complex.



If the landlord serves this notice to the tenant, the landlord may apply to the Landlord and Tenant Board (LTB) for the termination of the tenancy. Forms must be completed and deadlines must be met.

Carrying On Illegal Business

Tenants or their agents (such as visitors, roommates, etc.) have committed or are engaged in an illegal activity at the complex, in addition to those described above, or the tenant has permitted someone else to do so. The landlord may give the tenant notice in this case.


After serving notice on the tenant, the landlord may apply to the Landlord and Tenant Board (LTB) to terminate the tenancy. There are other steps to be taken, such as completing forms and meeting deadlines.


Misrepresenting Income In a Rent-Geared-to-Income Unit

Let's assume that the tenant has lied about their income or the income of any family members living in the rental unit, and they live in rent-geared-to-income housing. The tenant may be served with a notice in this case.


Landlords have other options as well. The landlord is only interested in collecting rent arrears and not evicting the tenant. Alternatively, eviction can also occur if a tenant fails to pay their rent. The tenant can be served if they fail to pay the overdue rent. Completing forms and adhering to deadlines are also essential.

Seriously Impaired the Safety of Another Person

Assume the tenant, their guest, or another occupant seriously compromised another person's safety in the complex. The Landlord Tenant Board (LTB) can terminate a tenancy immediately if the landlord has given the tenant notice. There will also be forms to complete and timeframes to meet.


Wilfully Damaged the Rental Unit or the Residential Complex

Upon finding that the tenant (or their visitors) intentionally damaged the unit, the landlord may seek eviction. The landlord must, however, serve another document with this one if they wish to evict the tenant. It must, however, be proven by the landlord that the damage was intentionally caused by the tenant, a visitor, or another tenant.


A landlord must demonstrate that the tenant has damaged the property for their application to be approved. First, give a different form if the landlord isn't sure whether the tenant's agents intentionally caused the damage or if they did so accidentally. Landlords should also consider this. Damage caused unintentionally or negligently should not be claimed on this form.

Inconsistent With Use Caused or Expected to Cause Serious Damage

You may use this form to request an eviction if there has been substantial damage or if it is reasonably anticipated that such damage will occur. In clarification, the tenant or their agent (e.g. guests, roommates, etc.) violated the terms of the rental agreement or residential complex agreement. Either this caused the damage, or the landlord anticipates it to do so. You may need to take other steps as well.


Reasonable Enjoyment or Lawful Rights, Privileges or Interests

The landlord may serve notice if the tenant or agent (e.g. roommate or guest) significantly interferes with the landlord's lawful rights, interests, or privileges. This reason includes reasonable enjoyment of the rental unit.


However, this does not apply to residential buildings with more than three units. If a building has more than three residential units or the landlord does not live in the building, a different form is required.


Persistently Been Late With Rent Payments

Tenants who are "persistently" late with rent payments can be evicted. The first step is just the beginning; more work needs to be done.

No Longer Qualifies for Rent-Geared-to-Income (RGI) Assistance

The tenant cannot be evicted solely because they no longer qualify for rent-geared-to-income assistance (RGI assistance). Tenants who refuse to pay the lawful rent can be evicted. It is then necessary to use a different form. Since this is just the beginning, you will need to do more work.


Made Available to the Tenant as Condition of Employment

The landlord may need to serve a specific form if the tenant received the rental unit as a condition of their employment, but their employment has ended. It is possible to terminate a superintendent's tenancy differently.


After seven days, if the superintendent is no longer an employee, the Landlord and Tenant Board (LTB) can evict them. Before applying to the LTB, there is no need to provide notice of termination. Taking the first step will require more effort.

Tenancy Created Due to an Agreement of Purchase and Sale

Consider a proposed condominium unit where you and the tenant make a tenancy agreement. To evict a tenant whose tenancy agreement has expired in good faith, you may use a specific form. This is only the first step, so you will need to do more work.


Tenant Occupying the Unit Specifically to Receive Rehab or Therapy

It is common for a landlord to have a tenant occupy a unit for a certain period to undergo rehabilitation or therapeutic care. At this point, the tenancy has come to an end. The notices cannot be used if another tenant receives these services and has lived in the complex for more than four years. Landlords can use this type of notice if no other tenant receiving these services has lived in the complex for more than four years. It will take more time and effort.



Agreement to End Tenancy

In the event of a specific agreement being executed, a landlord may request that the Landlord and Tenant Board (LTB) issue an eviction order. In its order, the Board may specify this as the earliest eviction date.


By the termination date, all belongings must be removed. After termination, the landlord will be able to dispose of personal belongings left behind by the tenant. 


The landlord cannot enforce this agreement against the tenant. Tenants are not required to sign any forms to rent a unit. If the landlord forced the tenant to sign this agreement when renting the apartment, the tenant does not have to vacate. There are exceptions. 


In the following circumstances, a landlord may require a tenant to sign form N11 before renting a rental unit:

(1) A tenant is a student living in housing provided by a post-secondary institution (or by a landlord under a lease with the institution).

(2) A tenant is receiving therapeutic or rehabilitation treatment in an assisted living facility

  • Rental homes cannot be rented for longer than four years
  • In the lease, the landlord stated that the tenant could be evicted if the goals of the care service were not met.
  • Under the Housing Services Act, of 2011, a service manager and landlord contract to provide the unit to the tenant.


Landlord, Immediate Family Member, Caregiver to Move In

One of Two Reasons Can Lead A Landlord to Give a Tenant This Notice:

  1. The landlord intends to live in the rental property for at least a year. This is done either through a member of their immediate family, someone who will provide them with care services, or both.
  2. There are up to three residential units in the complex. The buyer, a member of the buyer's immediate family, someone who provides or will provide care services to the buyer, or a member of the buyer's immediate family wants to move into the rental unit. Additionally, you have agreed to purchase and sell the complex. You are only at the beginning of the process of evicting your tenant.


A Landlord Cannot Provide This Notice if Any of the Following Conditions Apply:

  • The complex was converted into a condominium, and the tenant lived in the rental unit when the condominium was registered, or the complex is being considered for condominium conversion.
  • During the signing of the purchase and sale agreement, the tenant was living in the rental unit.
  • The tenant was residing in the rental unit when the Planning Act permitted the complex to be separated.


Despite of the lease or other arrangement allowing the landlord or buyer to occupy the rental unit, the complex is an equity co-op unless:

  • There are fewer than four residential units in the structure
  • It was previously occupied by the landlord or a member of the landlord's family.


Wants to Demolish, Repair or Convert the Rental Unit to Another Use

A landlord can give this notification to the tenant for the following reasons:


  1. There will be the destruction of the complex or rental unit.
  2. To do significant repairs or improvements on a rental unit, it must be unoccupied. In this case, the tenant may decide to reoccupy the rental property after completion of the necessary repairs or modifications. Before they vacate, the tenant must notify the landlord in writing of their intent to reoccupy the rental property. It is also the tenant's responsibility to notify the landlord in writing if their address changes.
  3. The landlord will want to use the complex or unit for a purpose other than residential. A notice of eviction is the first step in evicting a tenant on the grounds mentioned earlier.


Frequently Asked Questions

Here are answers to some common questions. 

Residential Evictions & Ending Tenancies

  • What is Bill 184 and what does it mean for landlords?

    Bill 184, Protecting Tenants and Strengthening Community Housing Act 2020, has been passed into law. 


    According to section 78 of the Act, here's how it works:


    Using the Pre-Hearing Repayment Agreement, you and your tenant can now agree on how to repay the monies owed. If an agreement is breached, the board can evict the tenant ex parte, but all agreements must be approved. 



    A LANDLORD MUST DO THE FOLLOWING:


    Negotiate a payment arrangement after serving notice. 


    The Landlord and Tenant Board can issue a legal eviction order if that doesn't work.


    It is recommended to reach an agreement on how monies owed are to be paid using the Pre-Hearing Repayment Agreement. The board must approve all agreements, despite allowing for ex-parte evictions (without a hearing) for breach of the agreement. 


    LTB APPROVAL IS NEEDED:


    Tenants and landlords can collaborate to come up with a repayment agreement instead of one that places the burden on them. The Landlord and Tenant Board must approve any agreement between the parties. 


    ADVANTAGES:


    Court backlogs are reduced and waiting times are shorter. Aside from that, they also hope for faster resolutions between landlords and tenants. By improving the efficiency and effectiveness of the process, tenants and landlords in distress can get help sooner, instead of getting lost in bureaucracy and waiting. 


    Tenants and landlords should work out their agreements in writing, so they can resolve any disputes themselves. 


  • Evictions: How Do They Work?

    1.  Terminating the tenancy requires an order from the Landlord and Tenant Board (LTB).


    2.  You need to schedule an eviction. A certified order from the LTB must be presented to the Sheriff's Office of the Superior Court of Justice (SJEO).


    3.  The Enforcement Office will provide you with an Eviction Information Request form.


    4.  You will be given an expiration date by the Enforcement Office.


    5.  Upon receiving a Notice to Vacate from the Sheriff's Office, tenants will be instructed to vacate the rental unit within a certain timeframe. 


    6.  The landlord must contact the Enforcement Office to schedule an eviction if the tenant fails to vacate by the date specified in the Sheriff's notice to vacate. A sheriff will notify the landlord when they are planning to enforce eviction at the rental property.


  • How long does it take for an N12 notice to become an eviction notice?

    A typical Board process, from serving the notice to filing the L2 the following week to setting the hearing about six to nine weeks later, to the actual eviction, can take four months or more. It can take 60 days for an order to be issued after a hearing date.


  • One of my tenants is complaining that another tenant’s child is causing noise. Could this be grounds for an eviction notice?

    Is there anything I can do if one tenant complains about another's noise?


    Children causing noise are protected by the Ontario Human Rights Code, so there are few options. As a landlord, you must accommodate tenants with children. For example, you could install a sound barrier at your expense. If you want to reach an agreement with both tenants, you could also try speaking with them. 


    Take notes of the conversation so that you can later provide the Landlord and Tenant Board with proof of your actions if needed.


    No matter what measures you take, remember that the Residential Tenancies Act is also superseded by the Ontario Human Rights Code. This means you cannot violate the former to comply with the latter.


    If the noise is anything else but children, you can look at serving them with a form N5 notice.


  • My tenants are not on a lease. How can I evict them?

    There will be no difference whether there is a lease or not. Forms must be used for both and the same steps must be followed.

  • Non-payment of rent has led to an eviction order. Instead of contacting the Sheriff, can I just change the locks myself?

    For this reason, the short answer is no. An eviction notice is nullified if the tenant pays all rent, filing fees, and Sheriff's fees. The tenant could remain in the unit. When such a situation arises, a landlord cannot assume the tenant will leave.


    If the tenant hasn't paid, the landlord may apply to the sheriff for enforcement unless the tenant has moved out.


    The Sheriff's office does not need to be notified if you are confident that the tenant has left. It is advisable to err on the side of caution when determining whether a tenant is still living in the unit. It is impossible to know for sure that the tenant is not present. This helps avoid fines from the Board or being brought to the Board by the tenant if the tenant is still living there.


  • I haven't received a rent payment for eight months. Can I suspend the utilities since I have begun the eviction process?

    Until the Sheriff returns possession of the rental unit to you, you must continue to provide and maintain all vital services. 


    The fine for failing to comply with this is $50,000 for individual landlords and $250,000 for corporations.


  • According to the lease, my tenant must provide proof of content and liability insurance. Can I evict my tenant if they refuse to comply?

    According to the lease, my tenant must provide proof of content and liability insurance. Can I evict my tenant if they refuse to comply?


    No, that's the short answer. Under the Residential Tenancies Act, tenants are not required to obtain and maintain this type of insurance. If your tenant fails to comply with it, you are not entitled to enforce it or receive compensation. Eviction is not justified in this situation.


    This clause protects the landlord from any claims by the tenant in the event of an unforeseen problem (like a fire).


  • Can the tenant stop the eviction?

    Following the expiration date, but before the Sheriff actually enforces the order, the tenant can ask the Board to void the order if:


    • They make a payment to the Board; and
    • If ordered by the Board, provide a sworn affidavit that the amount paid to the Board, together with any amounts previously paid to the landlord, is at least the amount owed for rent arrears, additional rent or compensation, amounts owed for NSF checks (financial institution) and (landlord) administration, and Sheriff's fees.

    This type of motion can only be granted once per tenancy agreement.



  • When a tenant refuses to leave as ordered by the Landlord and Tenant Board, can I take action?

    In the event that the tenant fails to vacate the premises, the landlord must take the order to the Superior Court of Justice Enforcement Office (Sheriff's Office).

  • Do I have to file an eviction petition with the court?

    Landlord and Tenant Board orders are enforced by the Superior Court of Justice. Under the Residential Tenancies Act, a writ of possession or an order of eviction has the same effect and enforcement as an eviction order.


    In the event that the tenant fails to vacate the premises, the landlord must take the order to the Superior Court of Justice Enforcement Office (Sheriff's Office).

  • Do I need to file any additional documents?

    The Superior Court of Justice can enforce Landlord and Tenant Board orders. According to the Residential Tenancies Act, an eviction order has the same legal effect and shall be enforced in the same manner as a writ of possession.

  • What happens if a tenant does not leave the premises when they are supposed to?

    Landlords must notify the Enforcement Office if the tenant fails to vacate by the date specified in the sheriff's notice. In accordance with the landlord's schedule, the Sheriff will enforce the eviction order at the rental property.

  • Do I have to pay an eviction fee?

    When you first visit the Enforcement Office, an initial fee will be charged. The Sheriff will charge you a flat fee plus mileage for every kilometer traveled from the courthouse to the eviction address. It varies from $318 to $333 in Ontario, and the mileage fee depends on where the unit is located.

  • What happens if there is an eviction?

    Upon eviction, you take possession of the rental property. It is your responsibility to change the locks on a rental unit in front of the Sheriff. Hire a locksmith if you are unable to change the locks yourself


    The Sheriff will execute the order during your attendance.

  • Are there any arrangements in place to care for the tenant's pet?

    If the Enforcement Office has not made arrangements with the Humane Society or SPCA, they should be notified. Pet removal should be handled by the local authorities.

  • What is my timeframe for disposing of the tenant's belongings?

    The landlord must wait 72 hours after evicting a tenant before selling, retaining, or disposing of the property. During the 72-hour period, each day is divided into 12 hours (8:00 am - 8:00 pm).

  • If the tenant returns, can they claim their belongings?

    Tenants who contact their landlord within 72 hours can retrieve their belongings between 8:00am and 8:00pm each day if they contact their landlord within that time frame. 


    In order to prevent a situation where the tenant may attempt to regain possession of the rental unit, landlords should not leave tenants unsupervised in the unit.

  • Upon eviction, what happens if I refuse to release the tenant's belongings?

    You will be responsible for the reasonable costs involved in repairing or replacing the tenant's property if your breach results in damage, destruction or disposal.


    The former tenant has incurred or will incur expenses due to your breach.


    The Board may impose a fine on you not exceeding $35,000 or the monetary jurisdiction of the Small Claims Court;


    It may issue any order it deems appropriate.


    If a landlord fails to retrieve a tenant's property after an eviction, it is also an offence under subsection 41(3). The fine for an individual landlord could be $50,000, while the fine for a corporate landlord could be $250,000.



  • What is the location of the Enforcement Office of the Superior Court of Justice?

    In Toronto, the Enforcement Office can be found at 393 University Avenue, 6th Floor; (416) 327-5600. 


    An online directory of court locations in Ontario is available at http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/.