Evicting a tenant in Ontario is not as simple as handing over a notice. The
Landlord and Tenant Board (LTB) oversees all evictions, and strict rules under the
Residential Tenancies Act (RTA) must be followed. Missing even one step can cause your application to be dismissed, leading to delays, lost rent, and added stress.
To help landlords stay on track, here’s the
step-by-step eviction process in Ontario.
Step 1: Serve the Correct Eviction Notice
The eviction process always begins with a formal notice.
The type of notice depends on the situation:
- N4 – Non-payment of rent
- N5 – Damage to the unit, interference, or overcrowding
- N6 – Illegal activity or misrepresentation of income
- N8 – Persistent late rent or other ongoing issues
- N12 – Landlord, immediate family, or buyer requires the unit
- N13 – Demolition, conversion, or major renovations
Notices must be filled out correctly and delivered according to the law. An incorrect notice is one of the most common reasons LTB applications get dismissed.
Step 2: File an Application with the Landlord and Tenant Board
If the tenant does not comply with the notice (by moving out or correcting the issue), the landlord’s next step is to file an application with the LTB.
The application will:
- Identify the notice that was served.
- State the reason for eviction.
- Request a hearing date.
Filing fees apply, but these costs may be recoverable as part of the order.
Step 3: Attend the LTB Hearing
The LTB will schedule a
hearing, where both the landlord and tenant can present their case.
At the hearing:
- Landlords should bring copies of notices, payment records, photos, and any other supporting evidence.
- Tenants may bring rent receipts, maintenance requests, or other documents to dispute the claims.
- Both parties may also call witnesses if relevant.
The adjudicator will listen to both sides, ask questions, and then decide whether eviction is justified.
Step 4: Receive the LTB’s Decision
After the hearing, the adjudicator will issue a
written order.
Possible outcomes include:
- Granting an eviction order (with a set date).
- Ordering repayment of rent arrears.
- Dismissing the case if procedures weren’t followed correctly.
- Granting relief to tenants (e.g., time to pay arrears or make repairs).
Step 5: Enforce the Eviction (Sheriff’s Office Only)
If an eviction order is granted and the tenant still refuses to leave, only the
Sheriff’s Office can enforce the eviction.
- Landlords
cannot change locks, move belongings, or force entry on their own.
- Self-help evictions are illegal and can lead to penalties against the landlord.
The Sheriff will schedule an eviction date and physically remove the tenant if necessary.
Common Mistakes to Avoid in the Eviction Process
Many landlords face setbacks at the LTB because they:
- Use the wrong form or fill it out incorrectly.
- Fail to serve the notice properly.
- Arrive at the hearing unprepared.
- Attempt “self-help” evictions outside the legal process.
Working with a licensed paralegal can help avoid these mistakes and keep your application on track.
Final Thoughts
The eviction process in Ontario is highly structured and must be handled with care. By following each step correctly — from serving the right notice to working with the Sheriff — landlords can protect their rights while respecting tenant protections under the law.
Need help navigating the LTB eviction process?
Contact Cordaie Paralegal Services for affordable, flat-rate representation to save time, stress, and costly mistakes.
