Eviction in Ontario follows a strict legal process, and skipping a step can set a landlord back to the beginning or leave a tenant facing an order they could have challenged. This guide explains how it works, in plain language, for both landlords and tenants.
The short answer
A landlord cannot simply remove a tenant. The landlord must serve the correct written notice, then apply to the Landlord and Tenant Board (LTB), which holds a hearing before it can issue an eviction order. Only the Sheriff can enforce that order. Any other method, such as changing the locks or shutting off utilities, is an illegal eviction.
Step 1, the notice
The process starts with a notice that matches the reason for ending the tenancy. Common notices include the N4 for unpaid rent, the N5 for issues such as damage or disturbance, the N12 where the landlord intends to move in, and the N13 for major repairs. Each notice has its own required wait period and rules. If the notice is filled out incorrectly, it can be invalid.
Step 2, applying to the Landlord and Tenant Board
If the issue is not resolved within the notice period, the landlord can file an application with the LTB. The Board then schedules a hearing. Wait times vary and can be long, so preparation matters on both sides.
Step 3, the hearing
At the hearing, both the landlord and the tenant can present evidence and explain their position. Tenants can raise defences, such as an improper notice, maintenance problems, or a landlord acting in bad faith. The adjudicator then makes a decision. If a dispute involves significant property damage beyond what the LTB covers, a landlord might need to seek remedies through civil litigation.
Step 4, the order and enforcement
If the Board grants an eviction, it issues an order. Only the Court Enforcement Office (the Sheriff) can carry out an eviction. A landlord must not take matters into their own hands. Illegal evictions can even result in police involvement or criminal defence situations if an altercation occurs.
When to talk to a lawyer
Because tenancy cases turn on technical details and tight deadlines, getting advice early can change the outcome. Kuner Law represents both landlords and tenants at the Landlord and Tenant Board. Learn more about our work on residential and commercial tenancies, or book a consultation.
Frequently asked questions
Q: Can a landlord evict a tenant without going to the LTB?
A: No. In Ontario a landlord must apply to the Landlord and Tenant Board and obtain an order before a tenant can be evicted. Self-help evictions are illegal.
Q: How long does the eviction process take?
A: It varies. The notice period plus LTB scheduling can mean weeks to several months, depending on the reason and the Board's caseload.
Q: Can a tenant stop an eviction?
A: Sometimes. A tenant may be able to void certain notices (for example, by paying the rent owing on an N4 within the allowed time) or raise a defence at the hearing.
Q: What is an illegal eviction?
A: Removing a tenant or forcing them out without an LTB order, including changing locks or cutting off services, is an illegal eviction and can expose a landlord to penalties.
About the Author
Jora Kuner
Jora Kuner is the founder of Kuner Law and a lawyer called to the bar of the Law Society of Ontario. He holds a Juris Doctor from Bond University, an NCA Certificate, a BA (Hons.) from York University, and a Certificate in Dispute Resolution. He practises civil litigation, criminal defence, and tenancies in Mississauga and across Ontario.
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