What Is the Difference Between an Eviction Notice and Order in Ontario?

Going through the eviction process in Ontario can be challenging for property managers and landlords. It is important to understand the legal steps involved.

Many people confuse an eviction notice with an eviction order. While these terms sound similar, they mean different things in the eviction process.

An eviction notice is the first step in the eviction process. It is a formal message from the landlord to the tenant. This notice explains that the landlord wants to end the rental agreement for specific reasons.

On the other hand, an eviction order is a legal mandate. It's issued by the Landlord and Tenant Board (LTB) and requires the tenant to vacate the property.

This article will explain the eviction process in Ontario. It will cover everything from serving an eviction notice to getting an eviction order.

Understanding Eviction in Ontario

Ontario's eviction rules are found in the Residential Tenancies Act. This law explains the reasons a landlord can end a tenancy and outlines the correct steps for both landlords and tenants.

The Landlord and Tenant Board is the group that handles eviction cases and gives legal orders if landlords do things correctly. Every eviction begins with a notice and can end with an eviction order that the Sheriff's office carries out. Each step in the process has specific forms, deadlines, and legal rules. If a landlord doesn't follow even one rule, it can cancel a notice and force them to start over.

Landlords need to protect their property while also respecting tenant rights. Good communication, correct paperwork, and quick actions can help avoid problems. By understanding each step of the eviction process, landlords can reduce delays and avoid expensive mistakes.

What Is an Eviction Notice?

An eviction notice is the official way a landlord starts the eviction process. It must be on a specific form from the Landlord and Tenant Board (LTB) that matches the reason for eviction. For instance, if a tenant has not paid rent, the landlord uses form N4. If the landlord wants to use the property for personal reasons, they use form N12.

Each notice has a minimum time frame. If the tenant has not paid rent, they get 14 days to pay or leave. If there is property damage, the tenant has 20 days to fix it or move out. For major repairs or if the property is being demolished, the tenant has 120 days.

The notice needs to have the end date and details on how the tenant can appeal it at the Landlord and Tenant Board. It is important to serve the notice properly.

Landlords can give the notice directly to the tenant, put it in the mailbox, or send it by registered mail. If the tenant does not resolve the issue or move out by the deadline stated in the notice, it will expire. Then, the landlord can apply for an eviction order.

What Is an Eviction Order?

An eviction order is a legal decision made by the Landlord and Tenant Board after a hearing. It shows that the landlord has the right to take back the rental unit.

The order specifies the date when the tenant must leave. It only takes effect once the hearing is over and the order can be enforced.

Only the Sheriff's office can carry out an eviction order. The Sheriff sets the date for the eviction, changes the locks, and makes sure the tenant's belongings are available for pickup for 72 hours.

Landlords should not try to evict tenants on their own by changing locks or removing their belongings. This is against the law and can result in fines of up to $50,000 for individuals and $250,000 for companies.

Types of Eviction Notices and Their Notice Periods

According to the Residential Tenancies Act (RTA), landlords need to choose the right eviction notice form based on the reason for eviction and follow the required notice period. For the N4 notice related to not paying rent, landlords must give at least 14 days' notice for monthly or longer leases. For daily or weekly leases, the notice period is 7 days.

The N5 notice is for problems like interference, property damage, or overcrowding. If it's your first notice, you have 20 days to fix the issue. If it's a second notice within six months, you only have 14 days to resolve it.

The N6 notice deals with illegal actions or lying about income. It gives at least 10 days for drug-related activities, 20 days for other illegal actions, and 14 days for repeat notices within six months.

The N7 notice is for serious issues like violence or major damage. It requires a 14-day termination without a chance to fix the problem.

The N8 notice for repeated late payments requires a 60-day notice period.

For an N12 notice for landlord or family use, you need to give 60 days' notice and provide compensation equal to one month's rent. An N13 notice for demolition, conversion, or major repairs requires 120 days' notice. If you use the wrong form or make a mistake in the termination date, the notice will be invalid. This means landlords will have to start the process all over again.

Proper Service of Eviction Notices

The RTA's section 191 and LTB Rules explain how to serve eviction notices correctly. You can give the notice directly to the tenant or an adult who lives there. You can also leave it in their mailbox, slide it under their door, fax it to their business or home, use a courier, or send it by mail. If you mail it, it is considered served five days after you send it.

It is better to hand deliver notices or place them in the mailbox to avoid problems. If a tenant gets a notice even with improper service, it might still be considered valid. However, landlords could risk making the notice invalid and face delays if they can’t prove proper service. Keeping detailed records of service, like certificates of service, is important for supporting applications to the Landlord and Tenant Board (LTB).

From Notice to LTB Application and Hearing

If a tenant does not follow an eviction notice, landlords need to ask the Landlord and Tenant Board (LTB) for an eviction order. For cases where rent is not paid, use form L1.

For other reasons to evict a tenant, use form L2. Landlords can file L1 applications anytime after giving the notice. However, L2 applications must be submitted within 30 days after the notice ends.

After you file online with the Tribunals Ontario Portal, the Landlord and Tenant Board (LTB) sends out a Notice of Hearing. This notice sets a date for a hearing, which can be in person, over the phone, or via video conference. During the hearing, both sides can present their evidence and legal arguments.

Parties can have lawyers or trained paralegals represent them. They must also upload any important documents through the Portal ahead of time. The LTB looks at each case based on its legal reasons and if the correct steps have been followed.

Issuance and Enforcement of Eviction Orders

If the Landlord and Tenant Board (LTB) decides in favor of the landlord, it will give an eviction order. This order will state the date by which the tenant must leave the property. The Sheriff's office can enforce this order for up to six months from when it becomes effective. After six months, the order will no longer be valid.

Landlords need to file the eviction order with the Sheriff. The Sheriff will then set a date for the eviction, oversee changing the locks, check if the unit is vacant, and give the property back to the landlord.

According to the RTA, there is a 72-hour period after the eviction where tenants can take their belongings. During this time, landlords must keep the evicted tenants' property in or near the unit and allow them to access it from 8 a.m. to 8 p.m. It's important for landlords to work with the Sheriff to make sure everything goes smoothly.

The Eviction Process Step by Step

The eviction process starts when a landlord gives a valid eviction notice to the tenant. If the tenant does not fix the issue or move out by the date mentioned in the notice, the landlord can then file an application with the Landlord and Tenant Board.

If a tenant does not pay rent, use form L1. For other reasons, use form L2. Your application should include proof, like ledgers, photos, or letters.

After the Board accepts the application, it sends a Notice of Hearing. The hearing can be in person, by phone, or by video. Both the landlord and tenant will share their evidence and arguments.

They can bring witnesses or lawyers. The Board looks at the evidence and decides if they will approve the eviction order.

If the Board gives an eviction order, it will include a date for when the tenant must leave. The landlord then takes this order to the Sheriff's office.

The Sheriff sets a time to go to the property. They watch as the locks are changed and check that the unit is empty. After this, the Sheriff leaves the tenant's belongings inside or near the unit for 72 hours.

Serving Notices and Legal Requirements

Properly delivering eviction notices is important so that tenants get the notice they need and the landlord’s case moves forward without delays. The Residential Tenancies Act allows different ways to serve these notices.

You can hand deliver them, drop them off in the mailbox, send them by registered mail, use a courier, fax them, or use other options approved by the Board. If you send the notice by registered mail, it is considered served five days after it is mailed. Hand delivery to the tenant or an adult in the household is usually the most dependable method.

Landlords should keep a certificate of service to show how and when they delivered the notice. If the notice is not done correctly, the Board can cancel it, and the landlord will have to restart the process. Having correct dates, clear reasons for eviction, and proper service records helps protect both the landlord and the tenant.

Tenant Rights and Landlord Responsibilities

Tenants can challenge eviction notices at a hearing with the Board. They can show evidence, bring witnesses, and ask for more time if they need it to find a new place to live. Tenants also have the right to enjoy their homes peacefully and to live in safe, well-kept conditions.

Landlords need to make sure their rental units are safe and healthy for tenants. They must follow the laws for repairs and avoid harassing or illegally evicting tenants. It's important to give clear notices, follow hearing schedules, and work with the Sheriff's office. By doing these things, landlords can prevent fines and keep good relationships with their tenants.

Common Mistakes and Best Practices

Many eviction cases get delayed because landlords use the wrong notice form or miscount the notice period. If a notice is served late or lacks important details, it can make the process invalid. Also, if landlords do not serve the notice properly or miss the deadline for non-rent reasons, they may have to start over.

Best practices for landlords include careful tenant screening, keeping clear records of all communications and payments, and filing Board applications on time. It is also helpful for landlords to seek legal advice, especially in complex situations like subsidy cases or changing the property for personal use.

Keeping an open line of communication with tenants can help create payment plans or voluntary moves, which can save time and money.

Why Choose Royal York Property Management

Royal York Property Management provides full eviction support for landlords. Our team helps you understand the right reasons for eviction and which forms to use. We also prepare correct notices and make sure they are served properly according to the law.

We prepare and submit Board applications online. We also handle the details of hearings and represent landlords during these meetings. After an eviction order is given, we work with the Sheriff's office to ensure everything goes smoothly. We then check the unit and handle the turnover process.

Working with Royal York Property Management helps lower risk and stress. Our knowledge makes sure that every step is done correctly and professionally. You save time and prevent expensive mistakes while keeping good relationships with tenants.

Final Thoughts

Navigating Ontario's eviction process requires attention to detail at every step. You need to choose the right notice form and follow strict service rules. It's also important to present your case clearly at the Landlord and Tenant Board and work with the Sheriff's office for enforcement.

One mistake in the process can delay your plans, raise your costs, and put you at legal risk. However, with Royal York Property Management, you get expert help, careful attention to detail, and respectful communication with tenants. Rely on us to manage each step of your eviction process carefully and professionally. This way, you can protect your investment and work on expanding your property portfolio.

Contact Royal York Property Management today to ensure your eviction process is in expert hands. Let our team handle the legal steps so you can focus on your investment.