Evicting a Tenant in Ontario

Understanding the Eviction Process in Ontario

This article is general information about how a residential tenancy can end under Ontario's Residential Tenancies Act. It is not legal advice. Every situation is different, and the right notice, timing and next steps depend on the facts.

Step 1: Identify Whether a Lawful Reason Applies

A landlord can only end a tenancy for one of the reasons allowed by the Residential Tenancies Act. A tenant breaking a lease term does not, on its own, give a landlord the right to end the tenancy. Some reasons relate to what the tenant or others in the unit have done, such as not paying rent in full, causing damage, disturbing other tenants or the landlord, or illegal activity. Others are "no fault" reasons, such as the landlord or a qualifying family member moving in, which often require compensation to the tenant.

Whether a reason applies to a particular situation needs individual review. Where a matter may proceed beyond the notices JDN prepares, owners should get advice from an external paralegal or lawyer.

Read the Landlord and Tenant Board's official guide: How a Landlord Can End a Tenancy

Step 2: Give the Correct Notice

Each reason has its own LTB notice form, and the minimum notice period differs by reason. Some notices can be voided if the tenant corrects the problem or pays what is owed by the deadline stated in the notice. A notice is not an eviction order: the tenant does not have to move out because of the notice alone, and the landlord cannot change the locks or remove the tenant.

JDN prepares and serves N4 notices and initial N5 notices on behalf of owners at no additional charge. Before an N4, our internal policy applies: the tenant has entered a payment plan, failed that plan, and has two months' rent owing. This is JDN's internal policy, not an Ontario legal requirement.

Related: how our arrears follow-up and payment plans work — read The Ultimate Guide to Rent Collection.

Step 3: Application to the Landlord and Tenant Board

If the tenant does not move out, the landlord can apply to the LTB for an eviction order. Filing deadlines and requirements vary by reason; many applications must be filed within a set time after the termination date in the notice, and some notices cannot support an application if the tenant has voided them. The official guide lists the notice, notice period and application for each reason.

Matters that escalate to an LTB application or hearing are referred to external paralegals who represent owners. JDN coordinates the property records and communication they need. Legal fees and applicable LTB filing fees are payable separately by the owner and are not included in management fees.

Step 4: The Hearing and the Order

In most cases the LTB schedules a hearing where the landlord and tenant can each present their case. The tenant can explain why they should not be evicted or ask for more time. The adjudicator decides based on the evidence and the law, and the decision is issued in writing as an order. No outcome can be guaranteed.

Step 5: Only the Sheriff Can Enforce an Eviction Order

If a tenant does not leave by the date in an eviction order, the landlord cannot personally remove the tenant or change the locks. The order can only be enforced by the Court Enforcement Office (Sheriff), which charges a fee. Illegally locking out a tenant is an offence.

Contact JDN Property Management

If you have questions about a tenancy concern at a property we manage, contact our team. We can explain how we handle N4 and initial N5 notices and how we coordinate records with external paralegals if a matter escalates.