Eviction process in Ontario퇴거 절차 (온타리오)

What is it?

Eviction means a landlord making a tenant leave their home. In Ontario a landlord cannot do this on their own. They must follow the steps in the Residential Tenancies Act (RTA).

The law allows a landlord to take back a unit in only two cases: (1) the tenant has moved out or abandoned the unit, or (2) there is an eviction order from the Landlord and Tenant Board (LTB) (section 39). The LTB calls this the tenant’s "security of tenancy".

So getting a notice does not mean you must leave right away. If the tenant does not agree, the landlord must apply to the LTB, and the LTB must hold a hearing and make an order. Only the Sheriff (the court enforcement office) can actually carry out the order.

Step by step

1. Notice: the landlord gives every tenant a notice on the official LTB form (N4, N5, N12 and so on) for a reason the law allows. A wrong or incomplete form may make the notice void.
2. The tenant’s choice: agree and move, fix the problem by the deadline if the notice can be voided (an N4, a first N5 and others), or stay.
3. LTB application: if the tenant stays, the landlord applies to the LTB. An N4 leads to an L1; an N5, N6, N7, N8, N12 or N13 leads to an L2. Most applications, such as the L2, must be filed within 30 days after the termination date in the notice (section 69 (2)); non-payment (L1) has no deadline (section 69 (3)). The fee on the L1 and L2 forms (2026/09 version) is $201, or $186 through the portal.
4. Hearing: the LTB sends a Notice of Hearing. Most hearings are by video conference (such as Zoom); there are also phone, written and in-person hearings. The landlord must prove the reason for eviction, and the tenant can explain why they should not be evicted or ask for more time.
5. Order: the LTB member’s decision is always a written order sent to both sides. An eviction order cannot take effect before the termination date in the notice (section 80 (1), with some exceptions).
6. Enforcement: if the tenant does not leave by the date in the order, the landlord files a copy with the Court Enforcement Office (the Sheriff) and pays a fee. If it is not filed with the Sheriff within 6 months, the order expires (section 81).
7. After enforcement: for 72 hours after the Sheriff enforces the order, the landlord cannot sell or throw away the tenant’s belongings and must let the tenant pick them up at a place close to the unit (section 41 (2) and (3)).

Types of notices and minimum notice periods

The form and the notice period depend on the reason. Some notices are "for cause" (because of something the tenant did), and some are "no fault" (the tenant did nothing wrong). Below are the main ones from the LTB brochure.

No-fault notices (N12, N13) usually come with compensation, and the LTB will not issue an eviction order until it has been paid (section 83 (4)). For the details, see "N12 notice", "N4 notice" and the LTB brochure.

What a landlord must never do

• Change the locks: a landlord cannot change the locks without giving the tenant new keys (section 24). The only exceptions are when the Sheriff has enforced an eviction, or the landlord is sure the tenant has abandoned the unit.
• Seize belongings: a landlord cannot take a tenant’s property for unpaid rent or any other breach without legal process (section 40).
• Cutting off vital services such as power, water or heat, or harassing or threatening a tenant to make them move, is also an offence (section 233).
• Fines: on conviction, up to $100,000 for an individual and up to $500,000 for a corporation (section 238).
• A tenant who was illegally locked out can apply to the LTB for an order to let them back in, if the unit is still empty (LTB brochure).

A tenant’s rights at the hearing

• Even if the landlord proves the reason, the LTB must look at all the circumstances and consider whether to refuse the eviction or delay it (section 83 (1) and (2)).
• The LTB must refuse when: the landlord is in serious breach of the law or an important term of the agreement; the landlord applied because the tenant complained to a government authority or tried to enforce their rights; it is about a tenants’ association; or it is because children live in the unit (and it is not overcrowded) (section 83 (3)).
• At a non-payment (L1) hearing, the tenant can raise other issues such as repairs (section 82). To do this, at least 7 days before the hearing, the tenant must give the landlord and the LTB a written description of each issue and copies of their evidence (LTB brochure). If the application was filed on or after September 21, 2026, the tenant must also pay the landlord directly at least half of the arrears claimed, at least 7 days before the hearing (O. Reg. 516/06, s. 8.3).
• On the hearing day, you may also be able to settle with the help of an LTB dispute resolution officer (mediation).
• Where to get help: a community legal clinic, Legal Aid Ontario, or a lawyer or paralegal (a licensed legal representative).

What changed on September 21, 2026

The LTB says it changed some processes, forms and rules on September 21, 2026, because of amendments to the RTA made by the Fighting Delays, Building Faster Act (Bill 60) and other laws. The main changes we checked are below.

• N4 notice period: at least 7 days, however the rent is paid (section 59 (1)).
• To raise other issues at a non-payment hearing, the tenant must pay the landlord directly at least half of the arrears, at least 7 days before the hearing (section 82 (2), O. Reg. 516/06, s. 8.3).
• Delaying an eviction: allowed only if the landlord agrees, or if the delay would not be unfair to the landlord or other tenants. Except in no-fault cases such as N12 or N13, there must also be "compelling grounds" (O. Reg. 516/06, s. 8.4).
• Persistent late payment (N8): includes paying rent more than 7 days late at least 3 times within 6 months (O. Reg. 516/06, s. 8.1).
• Landlord’s own-use N12: no one month’s compensation if the notice gives at least 120 days and ends on the last day of a rental period (section 48.1 (2)).

Non-payment cases: there are options even after an order

An L1 (non-payment) eviction order states an amount that, if paid, makes the order void. If, before the order becomes enforceable, the tenant pays the landlord or the LTB the arrears, the new rent, the costs set by the LTB and other listed amounts, the order is void (section 74 (4)).

Even after it becomes enforceable, but before the Sheriff carries it out, the tenant can pay everything owed and file a motion with an affidavit (a sworn statement) asking the LTB to set the order aside. Once it is accepted, the eviction is put on hold. But this motion can be made only once during the same tenancy agreement (section 74 (11) to (13)).

Time, cost, and buying or selling

How long an eviction takes depends on the type of application, the LTB’s schedule and the Sheriff’s schedule, and I do not have a number confirmed from an official source. The LTB posts its service timelines on its website, so check them before you file. The landlord also pays the Sheriff’s enforcement fee; confirm the amount with the Court Enforcement Office.

If you buy a home or condo with a tenant, the tenancy comes with it. For the buyer to move in, the seller must give an N12, and this only works in a building with 3 or fewer residential units or in a condo unit. Talk to your lawyer and to me about the closing date and contract terms before you sign.

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