A tenant does not have to move out if they receive an eviction notice. Landlords are required to give official notices of eviction which starts the eviction process. However, a tenant does not have to do anything until the landlord files an eviction application with the Landlord and Tenant Board (LTB). The LTB will notify a tenant of the application and hearing date if/when this happens.
Landlords are not legally entitled to evict tenants. Only the LTB, which is a provincial body, can authorize an eviction. Only if the LTB issues an eviction order, which happens after a hearing, will a tenant need to move out. Tenants should follow the following steps:
1. First, tenants should identify where they are in the eviction process. If a tenant is starting to have issues with their landlord or rental property owner, they should try to resolve it before the eviction process starts. An eviction is a formal procedure that is managed by the Landlord and Tenant Board of Ontario. Every landlord must follow a series of steps to legally evict a tenant.
If a landlord verbally asks a tenant to leave or writes them an email or note asking them to leave, this does not begin the formal eviction process. Only a judge from the Landlord and Tenant Board can issue an Eviction Order and only a Sheriff can carry out an eviction. The landlord must take the following steps to carry out a legitimate eviction:
Important Exception: If a tenant shares a kitchen or a bathroom with their landlord or a member of the landlord’s immediate family, they are not protected by the Residential Tenancies Act . In this situation, the landlord does not need to follow the legal eviction process. They may ask a tenant to leave at any time and the tenant has little recourse. In a situation like this, they should reach out to a legal clinic for assistance.
2. Next, read more about the eviction process, types of evictions, and a tenants rights and responsibilities.
3. After a tenant has read about the eviction process, they should contact a legal clinic for assistance. Legal clinics are often able to give free legal advice.
If there are any issues or tensions between a tenant and their landlord during the tenancy, it is important that these issues are documented, including any correspondence between the tenant and landlord. Example: Photos, emails, take notes for any verbal conversations.
If a tenant has received an informal letter asking them to move out or received a Notice to End Tenancy form (N4, N5, N6, N7, N8, N12, or N13) from their landlord, this is not an eviction and it does not mean they will have to move out. The landlord cannot change a tenant’s locks or tell them to leave. If a tenant has experienced this, they should get legal advice or contact Ontario’s Rental Housing Enforcement Unit. Tenants can fight the eviction if they think their landlord does not have a valid reason for issuing the eviction notice.
An informal notice is anything other than a formal notice from the Landlord and Tenant Board, such as an email, letter, a verbal notice from a landlord.
Recommended: Find out what tenants rights are online, seek legal advice from a legal clinic. Tenants can also talk to tenants in the same building to organize.
Not required: A tenant does not have to move out.
The Landlord and Tenant Board N-forms are notices to inform tenants of a landlord’s intention to file an LTB application (L-form). A tenant is not required to take any action upon receiving a notice unless they are able to void the notice (for example, by paying owed rent). Receiving a notice does not mean they have been evicted. A tenant does not need to move out.
Only Notices from the Landlord and Tenant Board are legal. If a tenant receives any other kind of notice, it is not valid.
Landlords must file an L-form Application with the Landlord and Tenant Board. This starts the application process.
After the landlord files an application, The Landlord and Tenant Board will give a tenant Notice of Hearing – A Notice of Hearing sets out the date, time and location of the hearing scheduled before the Landlord and Tenant Board.
Under exceptional circumstances (usually medical), a tenant may be able to reschedule the hearing date.
Recommended: Attend the scheduled hearing.
Not required: A tenant does not have to move out.
It is important to attend the hearing. The majority of tenants – 58 per cent – that received an eviction notice did not attend their eviction hearing to argue why they shouldn’t be evicted. When a tenant does not appear at their hearing to represent their case, the landlord’s eviction application is granted unless there were administrative/technical errors made.
Tenants may represent themselves or obtain legal representation at the hearing. It is important to find legal representation if you are able to access it. Only 2.6 per cent of tenants attend a hearing with legal representation. Find legal help.
If the Landlord and Tenant Board orders an eviction, they will send the tenant an eviction order. This order can be legally acted upon by the Enforcement office (also known as the Sheriff). It is only at this time – when a tenant can receive an eviction order from the Landlord and Tenant Board – that they need to move out.
If a tenant disagrees with the outcome of a hearing they may file a Request to Review with The Landlord and Tenant Board within 30 days of the order being issued. There is a $50 fee to file a request for review.
If a tenant believes there was a mistake in how the Residential Tenancy Act was applied to their case, they may file an Appeal at Division Court.
Note: Appeals are uncommon.
Most people living in rental housing in Ontario must abide by the Residential Tenancies Act (RTA), which is the Provincial law that governs landlord and tenant relations. It outlines both your rights and your obligations as a tenant. The RTA covers people living in rental housing.
The RTA does not apply to people living in:
*This list is not exhaustive and individuals should consult a lawyer or legal clinic if they have questions about their specific circumstances.
There is an increasing trend of using Notices of Eviction in “bad faith.” In particular, N5-N7 notices have been observed used as a basis for formal litigation and N12 – N13 notices have been observed to be served to long-term tenants in order to move new tenants in at a higher rent.
When served with these notices, please seek legal advice to ensure that these notices are used in good faith and used for legal cases of eviction.
In Ontario, these are the only valid types of evictions:
All other reasons are not valid. A tenant cannot be evicted if:
What is is: An N4 notice is an eviction notice indicating you have fallen behind on your rent payments.
Recommended:
Not required: A tenant does not have to move out.
Landlord Requirements : A landlord must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N4). If accepted, a landlord’s application for eviction will prompt a hearing. As a result, a tenant will have defend their tenancy.
LTB Application: L1 – Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes
Landlords cannot issue an eviction order. The only authority that can issue an eviction order is the Landlord and Tenant Board and the only authority that can enforce an eviction order is the Sheriff. Both the Sheriff and the Landlord and Tenant Board must provide written notice in advance of an eviction.
What it is: A tenant or tenant’s guest’s behaviour is disturbing the neighbours, or has resulted in damage of property. This notice may also be served if a tenant is found to have too many people living in a unit which is considered overcrowding.
Recommended:
Not required: A tenant does not have to move out.
Landlords requirements:
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
What it is: This Notice applies to people receiving rent-geared-to-income or other housing subsidies where the amount of rent is determined based on the reported income. It may be grounds for eviction if it is found that a tenant is earning more income than is reported OR a tenant or their guests did something illegal on the property.
Recommended:
Not required: Move out if you disagree with the notice.
Landlords requirements: Landlords must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N6). If accepted, your landlord’s application for eviction will prompt a hearing where you can defend your tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
What it is: A tenant or their guests have caused damage or serious problems for their landlord or other tenants.
Recommended:
Not required: Move out if you disagree with the notice.
Landlord requirements: Landlords must file an application for eviction at The Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N7). If accepted, a landlord’s application for eviction will prompt a hearing where a tenant will have to defend their tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
What it is: At the end of a lease the landlord can file for eviction if:
Recommended: For persistent late payments, the tenant should demonstrate that they have funds to afford the rent, and are committed to paying on time in future. It might be helpful to put this in writing for a landlord, or provide any rent receipts indicating the payment date. Seek legal advice.
Landlords requirements: Landlords must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N8). If accepted, a landlord’s application for eviction will prompt a hearing where a tenant will have to defend their tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
What it is: Voluntary end of lease. An N11: “Agreement to End the Tenancy” is a form stating that the landlord and tenant both want to end a lease and must be signed by both parties. If a tenants signs the N11, they are agreeing to voluntarily move out.
Recommended:
Not required: A tenant does not need to sign the N11 if they do not want to move out. A tenant can refuse to sign the N11 if they want to stay in their unit.
Landlord requirements: Landlords must have an agreement in writing and must offer a tenant with compensation in exchange for signing the N11.
What it is: A landlord, landlord’s family, someone buying a tenants rental unit, or the buyer’s family wants to move in. Family includes only:
Important: These applications are commonly used in “bad faith” to evict long-term tenants in order to move new tenants in at a higher rent.
Recommended:
Not required: Move out unless a tenant receives an eviction order from the Landlord and Tenant Board following a hearing.
Landlords requirements:
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
What it is: A landlord wants to tear down the building, use it for something else,or is planning to do extensive renovations that will render the unit uninhabitable.
Important: There is an increasing trend of some landlords serving this eviction notice to tenants as a way to get them to move out so they can re-rent the unit at a higher rent.
In order for this type of eviction to be valid, a landlord must have applied for building permits. If a tenant is served a N13 and thinks the landlord is acting in bad faith, they can check if the landlord has applied for the necessary building permit using Building Application Status Search.
Recommended:
Not required: The development process can take years, so a tenant should not have to have to move immediately.
Landlord requirements:
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
The Eviction Prevention in the Community (EPIC) Program is a program project that provides wrap around eviction prevention services in order to help tenants facing imminent risk of eviction.
The program offers the following services:
Clients are directed into the program in the following pathway:
Download the Eviction Prevention Handbook. It is an overview intended to help tenants navigate the general eviction process including what to look out for, templates to use and what your rights are.
The handbook is also available in Tamil, Tagalog, Simplified Chinese and Traditional Chinese.