The Eviction Process Starts With the Correct Notice

Before a landlord can seek an eviction order from the Landlord and Tenant Board, the landlord must typically serve the appropriate notice.

Common notices include:

• N4 – Non-Payment of Rent

• N5 – Damage, Disturbance, or Interference with Reasonable Enjoyment

• N6 – Illegal Activity

• N12 – Landlord's Own Use

• N13 – Demolition, Conversion, or Major Repairs

Each notice has its own requirements and timelines that must be followed before an application can generally be filed with the Landlord and Tenant Board.

The Most Common Reason for Eviction: Non-Payment of Rent

Most eviction applications involve unpaid rent.

Step 1: Serve an N4 Notice

The N4 Notice advises the tenant that rent is outstanding and provides an opportunity to pay the arrears within the required notice period.

Step 2: File an L1 Application

If the tenant does not pay the arrears within the required timeframe, the landlord may file an L1 Application with the Landlord and Tenant Board.

Step 3: Attend the Hearing

The Landlord and Tenant Board will schedule a hearing date. The time required to obtain a hearing may vary depending on Board resources, scheduling demands, and the complexity of the matter.

Step 4: Receive an Order

If the application is successful, the Board may issue:

• A payment order

• A termination order

• An eviction order

• A combination of the above

The type of order issued depends on the evidence presented and the circumstances of the application.

Step 5: Sheriff Enforcement

If the tenant does not leave voluntarily after an eviction order is issued, the landlord must generally file the order with the Sheriff for enforcement.

Landlords cannot legally remove tenants themselves.

What Factors Can Delay an Eviction?

Several factors can increase the length of the eviction process.

Incorrect Forms or Notices

Errors on notices or applications can result in delays, adjournments, or dismissal of the application.

Service Issues

Improper service of notices or failure to maintain proof of service can create significant problems.

Incomplete Evidence

Landlords should maintain:

• Rent ledgers

• Payment records

• Emails and text messages

• Photographs

• Witness information

Strong evidence can help avoid unnecessary complications.

Adjournments

Hearings may be adjourned for various reasons, including procedural issues, disclosure requests, or scheduling concerns.

Tenant Disputes

Applications often take longer when tenants dispute the allegations or raise additional issues during the hearing.

Common Questions About Ontario Evictions

Can I Change the Locks Myself?

No. Only the Sheriff can physically enforce an eviction order issued by the Landlord and Tenant Board.

Can a Tenant Stop an Eviction by Paying Rent?

Depending on the type of application and the circumstances, a tenant may have options available to resolve the issue and avoid eviction.

Do All Eviction Applications Require a Hearing?

Not necessarily. Some applications may proceed differently depending on the circumstances and applicable procedures.

What Happens After an Eviction Order Is Granted?

If the tenant does not leave voluntarily, the landlord may need to file the order with the Sheriff for enforcement.