Landlords are required to give official notices of eviction. Until a landlord issues an official Notice of Eviction, the eviction process does not begin. 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.

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.

If you receive an official eviction notice, you do not have to move out right away. This is simply the first step in the eviction process.

In Ontario, evictions are legal only if they involve:

Reason for eviction: You owe rent

Notice: N4 – Notice to end a tenancy early for non‐payment of rent

Options: If you agree that you owe rent and can pay it, it is best to pay the rent to your landlord by the deadline in the notice. This will void the notice, meaning that your landlord cannot apply for your eviction at the Landlord and Tenant Board. If you cannot pay the rent by the deadline or do not agree with the amount claimed by your landlord, you do not have to move out and your landlord must file an application for eviction at the Landlord and Tenant Board.

Your landlord’s application for eviction will prompt a hearing where you can defend your tenancy. The only authority that can issue an eviction order is the Landlord and Tenant Board and the only authority that can enforce the eviction order by changing the locks on your door is the Sheriff. They both must give you written notice in advance.

Reason for eviction: You often pay rent late

Notice: N8 – Notice to terminate a tenancy at the end of the term

Options: For late payments, the tenant should demonstrate that they have funds to afford the rent, and are committed to paying on time in future.

Reason for eviction: You or your guests did something illegal on the property

Notice: N6 – Notice to terminate a tenancy early: illegal act or misrepresentation of income

Options: Correct the behaviour and find a way to ensure it will not happen in the future.

Reason for eviction: You or your guests caused damage or serious problems for your landlord or other tenants

Notice: N7 – Notice to End your Tenancy For Causing Serious Problems in the Rental Unit or Residential Complex

Options: Correct the behaviour and find a way to ensure it will not happen in the future.

Reason for eviction: Overcrowding

Notice: N5 – Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding

Options: Correct the behaviour and find a way to ensure it will not happen in the future.

Reason for eviction: Substantial interference with enjoyment

Notice: N5 – Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding

Options: Correct the behaviour and find a way to ensure it will not happen in the future.

Reason for eviction: Misrepresentation of income

Notice: N6 – Notice to terminate a tenancy early: illegal act or misrepresentation of income

Options: Correct the behaviour and find a way to ensure it will not happen in the future.

Reason for eviction: Renoviction or Demolition

Your landlord wants to tear down the building or use it for something else

Notice: N13 – Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use

Options: Some work that requires a building permit cannot be done while people are living there. If your landlord says you have to move out for this reason, they must give you at least 120 days’ notice in writing. The notice should be on a Form N13 from the Landlord and Tenant Board.

If you get this kind of notice, you have a few options. You may be able to:

  • challenge the notice if you think there is something wrong with it or that what it says isn’t true
  • move out by giving as little as 10 days’ notice
  • protect your right to move back in when the work is complete
  • have your landlord pay you compensation or offer you another unit

If your building is subject to a development application you may be asked to move out early but the development process can take years, so you shouldn’t have to move immediately.

You are also entitled to:

  • A minimum of four months notice to leave
  • Alternative housing or a minimum of three months rent
  • Return to the development in a similar unit at a similar rent
  • A moving allowance
  • Additional compensation to address the hardship of moving

Reason for eviction: Buyout (you agree to leave)

Notice: N11 – Agreement to End the Tenancy

Options: 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 you want to stay in your unit, you can refuse to sign the N11. If you do agree to end your lease, you and your landlord together must agree on a termination date, when you must move out. If you do not move out by this date, the landlord can apply to the Landlord and Tenant Board to evict you.

Some landlords will offer a tenant compensation (usually money but they may offer something else) in exchange for signing the N11. If you want to do this, make sure the agreement is in writing and attach it to the N11. You should get legal advice before you sign anything.

It is important to consider the cost of moving and the affordability of paying higher rent long-term as a result of moving out.

Reason for eviction: Landlord’s own use

Your landlord, your landlord’s family, someone buying your place, or the buyer’s family wants to move in. Family includes only spouse, child, parent, spouse’s child, and spouse’s parent. It also includes a caregiver for any of them.

Notice: N12 – Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit

Options: You do not have to move by the termination date if you want to challenge the truthfulness of the claim and/or require more time to move. Your landlord must file an application for eviction at the Landlord and Tenant Board. You can oppose it and defend your tenancy. If your landlord claims that they or a family member intend to move in, you are entitled to one month of rent in compensation.

If you have received an informal letter asking you to move out or a Notice to End your Tenancy form (N4, N5, N6, N7, N8, N12, or N13) from your landlord, this is not an eviction! The landlord cannot change your locks or tell you to leave. Only a judge can issue an Eviction Order and only a Sheriff can carry out an eviction. Before that happens, the landlord must:

  • provide a notice terminating the tenancy giving the reasons
  • apply to the Landlord & Tenant Board for an order to evict you
  • If there is a hearing and you have a right to attend and present your facts

You cannot be evicted if:

  • your children are noisy
  • you ask for repairs
  • you join a tenant association

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:

  • emergency shelters
  • hospitals or nursing homes (long-term care facilities)
  • prison
  • student residents or dormitories
  • temporary or seasonal use units
  • units that share a kitchen or bathroom with their landlord or a member of their immediate family
  • people not on a lease

You only need to attend a hearing at the Landlord Tenant Board if you decide to challenge an eviction notice or an eviction order, or are asked to attend a hearing.

Stage 0: Before a notice

  • Documentation
  • Communication with landlord
  • Non-payment rental agreements

Stage 1: When you get a notice

When your landlord gives you an eviction notice for any reason, this does not necessarily mean you will have to move out. If you think you have a good reason, you might decide to fight the notice.

Only Notices from the Landlord Tenant Board are legal. If you receive a notice that isn’t legal, it’s not binding.

Legal notices can be found online.

If you receive a notice and you do not want to leave or if you do not agree with the reasons in the notice, you do not have to move out. This is simply the first step in the eviction process.

Both tenants and landlords can give notices to end a lease agreement or end tenancy.

This does not mean the landlord has filed anything and the Landlord and Tenant Board is not involved at this stage.

Read the notice carefully to see if there is a way for you to cancel the notice before your landlord applies to the Landlord and Tenant Board. For example, if the notice is for non-payment of rent, you can cancel it by paying the rent within the time limit.

If you cannot cancel the notice, your landlord may apply to the to the Landlord Tenant Board to have you evicted. You will receive another LTB form titled “Application to evict a tenant” (L1) or “Application to End a Tenancy” (L2).

You will have to fight the eviction in order to remain in your home. Get legal advice right away and learn about fighting an eviction.

Stage 2: When you get a Landlord Tenant Board application

If you cannot cancel the eviction notice or otherwise resolve the issue with your landlord, your landlord may file an application to evict you with the Landlord and Tenant Board. If your landlord does this and the LTB accepts the application, a hearing will usually be scheduled to decide the application. The LTB will send you notice of the hearing which will include the location, date and time of the hearing. Under exceptional circumstances (usually medical), you may be able to reschedule the hearing date.

Stage 3: Preparing for a hearing

To prepare for the hearing:

  • write down everything that happened and when;
  • make a list of the evidence they want to present;
  • make a list of any witnesses they want to speak at the hearing and think about what they want them to say;
  • gather any relevant requests that have been made to the landlord;
  • gather any relevant photos, videos, pictures, screenshots;
  • gather any relevant letters from physicians, social workers, or caseworkers;
  • gather any relevant letters, notes, forms or communications from the landlord.

Stage 4: Attend your eviction hearing

It is important to attend the hearing. 58 per cent of tenants 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 you are not able to obtain legal representation or advice prior to your hearing, there are Tenant Duty Counsel lawyers stationed at the LTB and that you are entitled to get legal advice from them on the day of your hearing before you see the adjudicator. You need to sign up for this service on-site.

What to expect at a hearing:

  • You may state your case and give evidence if the landlord has not been abiding by their responsibilities i.e., repairs when needed. Learn about Rights and Responsibilities for Landlords and Tenants.
  • Present your case by giving evidence, witnesses, closing submissions

At the hearing, the Board will decide if you owe any money, if you should be evicted, and if so, what date the eviction should take place.

If the Board rules in your favour, the eviction will be dismissed. If the Board rules against you, they will normally issue an eviction order.

Stage 5: Eviction Order

If the Board orders an eviction, they will send you an eviction order. This order can be legally acted upon by the Enforcement office (also known as the Sheriff).

The order will often be set for a future date to give you time to move out and find another place to live. In the case of evictions for Non-Payment of Rent, the Board will often give you a period of time to pay (normally 11 days) in order to stop the eviction.

If you are still there on the date you are supposed to move out, the landlord will be able to pay to have the Enforcement Office come to evict you. If you are evicted by the Enforcement Office, you’d have 72 hours to come and pick up your belongings.

Stage 6: Request to Review & Appeals

If you disagree with the outcome of your hearing you may file a Request to Review with the LTB within 30 days of the order being issued. There is a $50 fee to file a request for review.

If you believe there was a mistake in how the Residential Tenancy Act was applied to your case, you may file an Appeal at Division Court. Note: appeals are uncommon.

  • Call 311
  • Speak with the landlord or resolve issues
  • Repayment and arrears
  • Talk to your neighbours and community organizations to see if they are having the same problems
  • Form or join a Tenant Association in your building
  • You cannot get evicted for joining a Tenant Association
  • If you have a “grey area” case you’re not sure of, get legal advice

The Eviction Prevention Intervention in the Community (EPIC) 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:

  • wrap around case management supports
  • mediation with landlords to stabilize housing
  • referrals to community legal supports
  • navigation/accompaniment to the Landlord Tenant Board
  • assistance securing income supports, trusteeship, or money management programs
  • system navigation and referral to other services and supports
  • rehousing supports and shelter diversion where the existing tenancy cannot be sustained

Clients are directed into the program in the following pathway:

  1. The referral source pre-screen clients based on the eligibility criteria
  2. The referral source makes a service request. The EPIC service request referral form is submitted to the EPIC pilot lead
  3. The EPIC program lead verifies eligibility within one business day
  4. If accepted into the EPIC program, the client is assigned to one of the EPIC teams based on the client’s geographic location