What is the Process of Tenant Eviction in Ontario?

Are you a landlord in Ontario wondering how to handle tenant eviction? The process can be overwhelming with all the legal rules and notices to follow. It’s important to know your responsibilities and your tenant's rights.

This guide will take you through the eviction process step-by-step, helping you stay informed and compliant with Ontario’s regulations.

From giving a tenant eviction notice to understanding how to evict a tenant, we’ll cover what you need to know.

Understanding Tenant Eviction in Ontario 

Tenant eviction is the legal process of removing a tenant from a rental unit. This can happen for different reasons, such as non-payment of rent, property damage, or illegal activity. Understanding the reasons for eviction is key to managing your rental property.

In Ontario, landlords must conform to the Residential Tenancies Act (RTA). This law outlines the rights and responsibilities of both landlords and tenants.

It’s fundamental to follow the strict rules in the RTA when evicting a tenant. Failing to do so can lead to complications and potential legal issues. This makes it essential for landlords to know how to evict a tenant in Ontario properly.

Reasons for Tenant Eviction 
Valid Grounds for Eviction in Ontario: 

Landlords can evict tenants for specific reasons under the Residential Tenancies Act.

Here are some valid grounds for eviction:

• Non-payment of Rent: Failing to pay rent on time is a common reason for eviction.

• Damage to the Rental Property: Major damages beyond normal wear and tear can justify eviction.

• Illegal Activity on the Premises: Engaging in illegal activities, like drug dealing, can lead to immediate eviction.

• Owner or Family Occupancy Requirement: If the landlord or a family member needs to move into the rental unit, eviction may be necessary.
  

Illegal Eviction Practices: 

It’s important to know what you can’t do during the eviction process. Avoid self-evictions, like changing the locks or removing a tenant's belongings without notice. These actions can lead to legal issues.

Only the Sheriff can enforce an eviction order. If a tenant doesn’t leave by the termination date in the order, you cannot enforce it personally.

To have an eviction order enforced, file a copy with the Court Enforcement Office of the Superior Court of Justice (the Sheriff’s Office). You’ll need to pay a fee for this service. To find your local Court Enforcement Office, check the Ministry of the Attorney General’s Court Addresses page.

Step-by-Step Process for Eviction in Ontario 

When it comes to evicting a tenant in Ontario, following the proper steps is necessary. Here’s a clear breakdown of the process:

Step 1: Issue a Tenant Eviction Notice 

The first step is to issue a formal eviction notice. For non-payment of rent, you must use Form N4. This form clearly states the reason for eviction and the amount owed.

• Timeline: Tenants typically have 14 days to respond to the notice.
  

How to Deliver an Eviction Notice: You can deliver the eviction notice in different ways:

• In Person: Hand it to the tenant.

• By Mail: Send it via regular or registered mail.

• Through a Designated Agent: Have someone you trust deliver the notice on your behalf.
  

Step 2: File for a Hearing with the Landlord and Tenant Board  

If the tenant does not respond or comply with the notice, you’ll need to file an application with the Landlord and Tenant Board for a hearing.

How Fast Can You Evict a Tenant? Timelines for eviction can differ widely. It depends on:

• The availability of hearing dates.

• The tenant’s response time.
  

Step 3: Attend the Hearing 

At the hearing, it’s essential to present your case effectively. Bring all relevant evidence, such as:

• Rent records.

• Photographic proof of property conditions.
  

Consider Possible Tenant Defenses: Prepare for the tenant to present defenses, including claims about maintenance issues or other complaints.

Step 4: Obtain the Eviction Order 

If the LTB rules in your favor, you will receive an eviction order. This order specifies that the tenant must vacate the premises.

• Timeline for Moving Out: The tenant typically has 7-14 days to leave the property.
  

Step 5: Enforce the Eviction Order with the Sheriff 

If the tenant still refuses to leave after the eviction order is issued, you must involve the sheriff to enforce the order.

Important Reminder: Landlords cannot personally evict tenants. This must be done by law enforcement, ensuring the eviction process is conducted legally and safely.

How Long Does the Eviction Process Take in Ontario? 

Different factors can affect how long it takes to complete an eviction.

Factors That Affect Timelines 

1. Tenant Compliance with the Notice:

If a tenant complies with the eviction notice and addresses the issues (like paying overdue rent), the process can be expedited.

However, if they contest the eviction or fail to respond, it can really delay the proceedings.

1. LTB Hearing Schedules:

The scheduling of hearings at the Landlord and Tenant Board can change based on demand. Wait times for hearings can range from a few weeks to several months. This depends on the volume of cases being processed.

1. Time Required for Sheriff Enforcement:
   

After getting an eviction order from the LTB, you must enforce it through the sheriff’s office. This step can take extra time, as it depends on the sheriff's availability and workload.

Costs Involved in Tenant Eviction 

Knowing the expenses involved with tenant eviction can help you prepare financially and stay compliant with legal requirements.

Filing Fees: 

One of the main costs is the Landlord and Tenant Board application fee. When you file to evict a tenant, you'll need to pay a fee that varies based on the type of application. Be sure to check the LTB website for the current fee schedule, as these amounts can change.

Additional Expenses 

1. Legal Fees:
   

• If you choose to hire a lawyer or paralegal, factor in their fees. These costs can add up, depending on how complex your case is and how much representation you need.
  

1. Sheriff’s Fees:
   

• After you get an eviction order from the LTB, you’ll need to hire a sheriff to enforce it. The cost for this can vary, so it's smart to ask about these fees upfront. Remember, only the sheriff can legally evict a tenant, making this step essential.

 How to Prevent Tenant Eviction Issues 

Preventing tenant eviction issues starts with a few key strategies. By being proactive, you can minimize problems later on.

Screening Tenants Carefully 

Conduct thorough background checks on potential tenants, while going through tenant screening. Look into their rental history, credit score, and any criminal background. This step helps you spot red flags early. Selecting responsible tenants can save you from future eviction headaches.

Clear Lease Agreements 

Having a clear lease agreement is a must. Include all terms related to rent, behavior, and eviction. Make sure both parties understand their responsibilities. This clarity can help you resolve issues without a problem. A well-drafted lease serves as your best defense against disputes.

By following these practices, you can reduce the risk of tenant eviction issues and create a better rental experience for everyone.

Final Thoughts 

Evicting a tenant in Ontario involves following clear legal steps. You should be able to understand how to serve eviction notices and navigate Landlord and Tenant Board hearings to ensure a smoother process.

If you need help with tenant eviction, Royal York Property Management is here for you.

We provide reliable help with tenant placement, legal notices, and more. Contact us today!

Edona Shala
T.  (833) 666-3306
E.  [email protected]
W. royalyorkpropertymanagement.ca