In Ontario, evicting a tenant is a legal process governed by the Residential Tenancies Act, 2006 (RTA) and overseen by the Landlord and Tenant Board (LTB). A landlord cannot evict a tenant on their own (e.g., changing locks, removing belongings, shutting off utilities)—this is considered an illegal eviction. Instead, the process must follow these steps:
1. Identify the Legal Reason for Eviction
Some common reasons include:
- Non-payment of rent
- Consistently paying rent late
- Causing damage to the unit or building
- Illegal activity in the unit
- Interfering with other tenants’ reasonable enjoyment
- Landlord or their family moving in (requires proper notice)
- Landlord selling the home and purchaser or their family intends to move in.
2. Give the Correct Written Notice
- Use the official LTB forms (different for each reason).
Examples:- N4 – Non-payment of rent
- N5 – Damage, interference, or overcrowding
- N11 – Agreement to end tenancy (if tenant agrees)
- N12 – Landlord or purchaser needs the unit for personal use
- N13 – Demolition, conversion, or major repairs
The notice must include:
- Tenant’s name and address
- Reason for eviction
- Termination date (varies depending on reason)
- Information about tenant’s rights
3. Wait Out the Notice Period
- Tenants may choose to move out by the termination date, or
- If they don’t, you must proceed with the LTB.
4. Apply to the Landlord and Tenant Board (LTB)
- File the correct application form (e.g., L1 for non-payment, L2 for other issues).
- Pay the required fee.
- A hearing date will be scheduled where both landlord and tenant can present their case.
5. Attend the Hearing
- The LTB member will listen to both sides.
- If they agree with you, they will issue an Eviction Order.
6. Enforce the Eviction (if needed)
- If the tenant still refuses to leave, only the Sheriff’s Office can physically remove them.
- You cannot do this yourself.