How to Evict a Tenant in Ontario

Evictions in Ontario are carried out similarly to how they are across the rest of the country but with a few exceptions—exceptions that are important for landlords to know. 

Understanding these differences can be the difference between a legal, smooth eviction process and one that drains everyone involved.

Whether you’re in the midst of trying to get someone to leave your property, or you want to be prepared in case the situation ever arises, the following is for you. 

Common reasons for eviction in Ontario

Legally, there are only so many reasons you can evict a tenant.

There are “for cause” and “no fault” reasons for ending a tenancy. For cause generally means that the tenant did something to warrant an eviction and no fault generally means that there is another non-tenant-related reason for the eviction. 

"For cause"

• The tenant is not paying the rent in full.
• The tenant is damaging the property. (Read more: What to do when your rental property is damaged)
• The tenant is causing disruption to other tenants in the building or the landlord. (Read more: My tenants are not getting along. What should I do?)
• The tenant is conducting illegal activities in the building. 

"No fault"

• The property owner will be conducting renovations or repairs on the unit that are so extensive that the rental unit needs to be empty and the work requires a building permit.
• The landlord, their immediate family, or someone who cares for their immediate family wants to move into the unit.
• The landlord has sold the property and the person who purchased it, a member of their immediate family, or someone who cares for their immediate family wants to move in.

Learn more about when you can legally end a tenancy.

How to evict in Ontario

Typically, the eviction process in Ontario requires the following steps: 

1. The landlord must have a legal reason.
2. Serve the tenant a notice form within the minimum notice period.
3. Wait the required waiting period. These windows of time vary depending on the reason for eviction.
4.  File an application form to evict the tenant with the landlord and tenant board (LTB).
5.  The LTB will notify the tenant of the hearing.
6.  The landlord should gather as much detailed evidence as possible.
7.  The landlord attends the hearing.
8.  An LTB member will make the decision on the matter – they will also notify the tenant of their decision.
9.  If the LTB member decides the tenant should be evicted, they must walk the tenant through their options, and provide them with the date they must move out by.
10.  If the tenant refuses to leave by the eviction deadline provided, the sheriff’s office must be contacted as they are the only person who can enforce the eviction.

As you go through these steps, here are some tips to keep in mind:

• Give your notice of eviction to the tenant or an adult in the unit in person, put it in their mailbox, mail slot, or under their front door, or deliver it via fax, courier, or mail. Sending notices via email or text is not considered proper notice.
• Cover your tracks by taking a picture of the delivered notice form as it is dropped off. Then immediately email or text the tenant to let them know it has been dropped off and attach the picture. Save this as evidence for the LTB hearing.
• Submitting a notice of eviction to a tenant doesn’t mean the tenant has to move out. The landlord also needs to file an application with The Landlord and Tenant Board and from there (if the board accepts the application) this will bring about a hearing, allowing the tenant a chance to defend their tenancy. 

Learn more about the eviction process in Ontario. 

Forms you’ll need for eviction in Ontario

In the eviction process, depending on your situation, you’ll need to use certain forms. Here are the most common ones: 

• N4: A notice to end an early tenancy for non-payment of rent.
• N11: A mutual agreement between the landlord and the tenant to end the tenancy.
• N12: A notice to end the tenancy because the landlord, a purchaser, or a family
• member will be moving into the unit.
• N13: A notice ending a tenancy because the landlord wants to demolish, repair, or convert the rental unit for another use.
• L1: An application to evict a tenant because they didn’t pay the rent and to collect the money that is owed.
• L2: An application to end a tenancy and evict a tenant or collect money.

Learn more about the most commonly used forms and notices.

How long does eviction take in Ontario?

It’s difficult to say exactly how long evictions take, as different types of applications, LTB caseloads, and administrative delays all affect the length of the progress.

As of the latest timeline update from the LTB, here’s roughly what you can expect:

• On average, L1 and L9 applications are being scheduled within five months. A Notice of Hearing will be sent to the parties before the scheduled hearing date.
• On average, other new and adjourned matters are currently being scheduled within seven to eight months from when they were received or adjourned.
• On average, orders are being sent within 60 days or less of a hearing.

Long story short? From hearing to order, evictions currently take anywhere from six months to you ten months on average. 

How to evict a tenant immediately in Ontario

The closest you can get to legally evicting a tenant immediately in Ontario is with a cash-for-keys agreement. This involves the signing of a consent form (ideally drafted by a legal professional), an N11 form, and money from the landlord to help the tenant cover the costs of moving out and finding a new place to live.

This process isn’t usually immediate but is still much quicker than going through the LTB, often taking a couple of months or less. 

Can you evict tenants during the winter?

You’re legally allowed to evict tenants during the winter, and the process is the same as any other time of year. The only thing to possibly prepare for is a longer move-out timeline granted to the tenant by the LTB, due to harsh weather conditions. 

Common eviction mistakes to watch out for

Eviction is a potentially lengthy, complicated process that involves a number of different parties. As such, it’s easy to make certain mistakes, such as:

• The form is not signed or is signed by the wrong person. 
• The rental period is listed incorrectly.
• Inaccuracies when reporting issues related to money.
• Listing the wrong rental address and/or not including the unit number or apartment number on the form.
• The names listed on the form are incomplete or not accurate.
• The tenant was given the wrong notice period.
• The tenant was not served the document correctly.

As you go through your own process, watch out for these mistakes.

Avoid the stress of eviction with the right tenant

With these tips in mind, you’ll have a better idea of how to navigate an eviction should you ever have to go down that road; with the right tenant, ideally, you won’t have to.

For help finding and signing that right tenant quicker than any other way on the market, sign up for Rhenti today. 

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