Leases
The Eviction Process in Ontario: What Tenants and Landlords Should Know
Explains how LTB eviction actually works in Ontario — from the N4/N5/N12/N13 notice stage through filing an L1/L2 application, the hearing, and Sheriff enforcement.
Key Takeaways
- In Ontario, a landlord generally can’t remove a tenant or change the locks without an order from the Landlord and Tenant Board — “self-help” eviction is not a lawful shortcut.
- Eviction almost always starts with a written notice of termination on a specific form tied to a specific reason, such as N4 for non-payment of rent or N12 for landlord’s own use.
- Giving a tenant a notice doesn’t end the tenancy by itself — the landlord still has to apply to the LTB and get an order before anything can actually happen.
- Tenants generally have the right to respond, dispute the application, and attend a hearing before the LTB decides the matter.
- Only the Court Enforcement Office (the Sheriff) can physically enforce an eviction order — a landlord cannot carry out an eviction themselves, even after winning at the LTB.
- Many non-payment cases can be resolved before a hearing if the tenant pays what’s owed within the time the notice or the Board allows, depending on the circumstances.
How eviction actually works in Ontario
Eviction in Ontario isn’t something a landlord can carry out on their own, no matter what a lease says or how clearly a tenant appears to be in breach of it. Residential tenancies are governed by the Residential Tenancies Act, 2006, and disputes — including eviction — are handled by the Landlord and Tenant Board (LTB), a tribunal that hears applications from both landlords and tenants. The process is built around a sequence of defined steps: a written notice, an application to the LTB, often a hearing, and finally an order. Only after an order is issued, and only through a specific enforcement mechanism, can a tenant actually be required to leave.
This structure exists precisely because eviction has serious consequences, and the law generally wants a neutral decision-maker — not either party acting unilaterally — to confirm that a legal ground actually exists before anyone loses their housing. Our leases hub covers the broader residential tenancy landscape this process sits within, and our guide to ending a lease agreement in Ontario covers how tenancies end more generally, including situations that don’t involve eviction at all.
Worth knowing
Step one: the notice of termination
Almost every eviction begins with a written notice of termination, delivered to the tenant on a specific LTB form that corresponds to the landlord’s stated reason. The notice generally has to identify the reason for termination, the date the landlord is asking the tenant to move out, and comply with specific delivery and timing rules — a notice that’s improperly completed or served can itself become grounds for the LTB to dismiss the later application.
Importantly, a notice of termination is not itself an eviction, and it doesn’t end the tenancy automatically. It functions more like a formal warning that starts a clock: the tenant generally has some period of time to either address the issue (where that’s possible, such as paying rent that’s owed) or to simply wait and see whether the landlord proceeds to the next step. Many tenancies that receive a notice never actually end up at the LTB, because the underlying issue gets resolved during this window.
Common notice types and what they mean
The LTB uses different notice forms depending on the landlord’s reason for seeking to end the tenancy. A few of the most common include:
N4 — Non-payment of rent. Used when a tenant owes rent. It gives the tenant a notice period to pay the full amount owing, and paying in full within that window generally stops the notice from leading anywhere further.
N5 — Interference or damage. Generally used where a landlord alleges the tenant, a member of the tenant’s household, or a guest has substantially interfered with the landlord’s or other tenants’ reasonable enjoyment of the property, or caused damage. An N5 often gives the tenant a chance to correct the behaviour within a set period before the landlord can apply.
N12 — Landlord’s own use. Used when the landlord, purchaser, or a qualifying family member intends to move into the unit themselves. This type of notice comes with specific good-faith requirements and, in many cases, an obligation to compensate the tenant.
N13 — Demolition, conversion, or extensive renovation. Used when the landlord intends to demolish the building, convert it to non-residential use, or carry out repairs or renovations so extensive that the unit needs to be vacant. Tenants given an N13 may have rights related to compensation or the right to move back in once work is done, depending on the circumstances.
Each notice type has its own required notice period and its own legal requirements, and mixing them up — or using the wrong one for the actual circumstances — is a common reason applications run into trouble at the LTB.
Step two: filing an application with the LTB
If the issue in the notice isn’t resolved within the applicable period, the landlord’s next step is to file an application with the LTB — commonly an L1 (for applications based largely on non-payment of rent) or an L2 (for most other grounds for termination, including N5, N12, and N13 notices). The application sets out the landlord’s claim, often attaches a copy of the notice that was served, and, once filed and scheduled, moves the matter toward a hearing.
A tenant who receives notice that an application has been filed generally has an opportunity to respond, and may be able to raise their own issues — such as a landlord’s alleged failure to maintain the unit — as part of the same proceeding, depending on the circumstances. Filing an application is a formal step that generally can’t be skipped, so a landlord cannot move straight from issuing a notice to removing a tenant.
Step three: the hearing
Once an application is filed and scheduled, both the landlord and tenant are generally given notice of a hearing date. Hearings may be conducted in writing, by video or phone, or in person, depending on the type of case and current LTB practice. At the hearing, each side generally has an opportunity to present evidence, explain their position, and respond to questions from the adjudicator deciding the case.
The adjudicator considers whether the legal requirements for the type of notice used have actually been met — not simply whether the landlord believes a ground for eviction exists. For non-payment cases, this often focuses on the amount owing and whether it was paid within applicable timelines. For notices like N12 or N13, the adjudicator may scrutinize the landlord’s stated intentions more closely, since these grounds depend heavily on good faith.
Attending matters
Orders and how enforcement works
After the hearing, the LTB issues a written order. An order may grant the eviction, deny it, grant it with conditions, or address other remedies raised during the proceeding — such as compensation owed to the tenant, or a repayment plan for arrears. The order itself sets out any deadlines, including when a tenant would be required to move out if the eviction is granted.
Even with a valid order in hand, a landlord still cannot personally remove a tenant, change the locks, or remove belongings. If the tenant doesn’t move out by the date set out in the order, the landlord’s only lawful route is to file the order with the Court Enforcement Office, commonly known as the Sheriff. Only the Sheriff’s office has the legal authority to physically enforce an eviction, and it generally provides its own separate notice before doing so.
Options after an order is issued
Depending on the type of order and the specific facts, a tenant may still have options after an order is issued — including, in some non-payment situations, paying arrears in full before enforcement takes place, applying for a review of the order if there was a serious error or the tenant didn’t get a fair chance to participate, or raising other relief recognized under the Act. These options tend to be narrow and time-sensitive, so understanding what actually applies to a specific order matters more than general assumptions about “extensions.”
For anyone trying to understand where they currently stand in this process — whether as a landlord who has issued a notice or a tenant who has received one — our tools section and our contact page can help point toward the right next step. This article explains how the process generally works in Ontario; it isn’t legal advice for any specific notice, application, or order, and the details of individual cases can change the analysis significantly.
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FAQ
Frequently asked questions
Can a landlord evict a tenant without going to the Landlord and Tenant Board?
No. In Ontario, a landlord generally cannot end a tenancy or physically remove a tenant without first getting an order from the Landlord and Tenant Board. Changing the locks, removing belongings, or shutting off utilities without an order is generally not a lawful way to end a tenancy, regardless of what the lease says.
What is an N4 notice?
An N4 is the notice form landlords commonly use when a tenant hasn’t paid rent. It gives the tenant a set period to pay what’s owed before the landlord can apply to the LTB for an eviction order. Paying the full amount within that period generally stops the process from moving forward on that notice.
Does receiving an eviction notice mean I have to move out right away?
No. A notice of termination is only the first step and doesn’t end a tenancy by itself. The landlord still needs to apply to the LTB, and a tenant generally remains entitled to stay in the unit — and respond to the application — until the Board actually issues an order.
What’s the difference between an N4, N5, N12, and N13 notice?
These notice forms correspond to different grounds for ending a tenancy. An N4 is for non-payment of rent, an N5 generally covers interference with others or damage to the property, an N12 is used when the landlord or a qualifying family member intends to move in, and an N13 applies when the unit will be demolished, converted, or extensively renovated. Each form has its own notice period and rules.
How long does the eviction process take in Ontario?
There’s no fixed timeline — it depends on the reason for the notice, how busy the LTB is, whether the tenant disputes the application, and whether a hearing is needed. The process generally involves the notice period, time for the landlord to file and schedule a hearing, the hearing itself, and then time for enforcement if an order is issued, so it commonly spans weeks to months rather than days.
Can a tenant dispute an eviction application?
Yes. A tenant generally has the right to respond to the application, raise defences, and attend the hearing to explain their side before the LTB makes a decision. Simply disagreeing with the notice doesn’t stop the process on its own, but it does mean the matter will typically be considered at a hearing rather than decided automatically in the landlord’s favour.
What happens at an LTB eviction hearing?
Both the landlord and tenant generally have an opportunity to present their side, submit evidence, and respond to questions from an adjudicator. The Board then considers the evidence against the legal requirements for that type of notice before issuing a decision, which may grant the eviction, deny it, or impose conditions.
Who can actually remove a tenant from a rental unit?
Only the Court Enforcement Office, commonly known as the Sheriff, has the authority to physically carry out an eviction after the LTB issues an order and the required notice period for enforcement has passed. A landlord carrying out the eviction themselves, even with a valid order in hand, is generally not permitted.
Can an eviction be stopped after the LTB issues an order?
In some circumstances, yes — depending on the type of order and the specific facts, a tenant may have options such as paying arrears in full before enforcement, seeking a review of the order, or requesting relief from eviction. These options are fact-specific and time-sensitive, so the details matter a great deal.
Can a landlord evict a tenant to move in themselves?
A landlord can seek to end a tenancy for their own use, or for use by certain qualifying family members, using an N12 notice, but this type of notice comes with specific requirements, including good faith intent to actually occupy the unit. Tenants given an N12 may also be entitled to compensation.
What happens if a landlord evicts in bad faith?
If a tenant believes a notice such as an N12 or N13 wasn’t given in good faith, they can raise that at the LTB hearing, and the Board can refuse the application or order remedies if it finds the stated reason wasn’t genuine. Bad-faith eviction claims generally depend heavily on the specific facts and evidence available.
Does an eviction order show up on a tenant’s record?
LTB proceedings and orders are generally part of the public record and can, in some circumstances, be found by future landlords conducting background checks, though the details and accessibility can vary. This is one reason resolving issues before a hearing, where possible, can matter beyond just the immediate tenancy.
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