How to Evict a Tenant in Ontario Legally and Smoothly

Evicting a tenant is one of the most serious steps a landlord in Ontario can take. Doing it improperly can lead to delays, legal liability, or dismissal by the Landlord and Tenant Board (LTB). This guide walks you through how to evict a tenant in Ontario legally and smoothly — the correct forms, valid reasons, deadlines, hearing process and enforcement.

1. Understand the Legal Framework

The governing law is the Residential Tenancies Act, 2006 (RTA).

• A tenant has security of tenure — meaning you can’t simply ask them to leave without following the rules.

• Eviction requires a valid reason listed in the RTA and must be processed properly.

• You cannot lock out, change locks or remove the tenant’s belongings without a legal order.
  

2. Valid Reasons for Eviction

You must cite one of the legally‑recognized grounds under the RTA. Common reasons include:

• Non‑payment of rent (Form N4).

• Substantial damage or illegal activity in the unit.

• Landlord or family member requires the unit (Form N12) for personal use.

• Major repairs, conversions or demolition requiring vacancy (Form N13).

If you do it without a valid reason you risk the eviction being void or facing penalties.

3. Serve the Correct Notice

Once you identify the valid reason, you need to serve the correct form. Key steps:

• Choose the right Notice to End a Tenancy form (e.g., N4, N5, N12, N13).

• Fill out the notice correctly: tenant name(s), address, termination date (last day of rental period) and reason.

• Serve the notice properly: deliver it according to RTA rules and keep proof. An incorrect notice may be invalid.

• Respect minimum notice periods: e.g., 14 days for N4 (non‑payment) for monthly tenancies.

If the tenant fixes the issue (e.g., pays arrears) in the correction period, the notice may be void.

4. Apply to the Landlord and Tenant Board

If the tenant does not vacate by the termination date, you must apply to the LTB for an order.

• File the correct application form (e.g., L1 for non‑payment of rent) through the Tribunals Ontario portal.

• Pay filing fees, submit proof of service and documents.

• Keep your evidence: lease, payment records, service of notice, photos (if damage) etc.

• Be prepared for a hearing (video, telephone or written) where you and the tenant present your case.

At the hearing the LTB adjudicator decides whether to grant an eviction order.

5. Enforcing the Eviction Order

Once you have the order:

• You cannot enforce it yourself by changing locks or removing the tenant. You must go through the Court Enforcement Office / Sheriff’s Office.

• After the Sheriff enforces the order, you must allow the tenant 72 hours to collect their belongings (Section 41 RTA) before disposing of them.

  
  

6. Best Practices to Ensure a Smooth Process

• Document everything: notices, service, photos, communications.

• Be timely: miss deadlines and your application may be dismissed.

• Keep your annotations and records because mistakes cost time and money.

• Avoid self‑help eviction methods—they’re illegal and can reverse the process.

• Consider mediation or settlement if feasible—it can reduce costs and time.

• Stay current with regulations—municipal and provincial changes affect timelines and forms.

Conclusion

Evicting a tenant in Ontario involves carefully following a regulated process: identifying a lawful reason, serving the correct notice, applying to the LTB, and enforcing through the Sheriff. Skipping any step or acting outside the law risks delays, invalidation or financial liability. By staying methodical, you protect your property, investment and your reputation as a landlord.

FAQs

Q1. Can I evict a tenant just because I want to sell the unit?Usually no. Selling alone is not a valid reason under the RTA unless special conditions apply (e.g., building has 3 or fewer units and purchaser wants to occupy).

Q2. How long does the eviction process usually take?It varies significantly; hearings and enforcement can take several months depending on backlog and complexity.

Q3. Is informal notice (email/text) enough?No. Only the correct legal notice form, properly served, counts.

Q4. What if the tenant fixes the issue after the notice?For certain notices (like N4), the tenant may stop the eviction by resolving arrears before the landlord files.

Q5. Can I handle the eviction myself without LTB involvement?No. For residential tenancies under the RTA, only the LTB can issue eviction orders; you cannot forcibly remove a tenant yourself.