Eviction is often a last resort, but sometimes it's necessary to protect your property and investment. Understanding the proper legal process in Ontario is essential for a successful eviction.
Grounds for Eviction
In Ontario, you can only evict a tenant for specific reasons outlined in the Residential Tenancies Act. Common grounds include:
- Non-payment of rent
- Causing significant damage to the property
- Interfering with reasonable enjoyment of others
- Illegal activity on the premises
- Landlord or family member requiring the unit
- Major renovations requiring vacant possession
Step 1: Issue the Appropriate Notice
Different grounds require different notices. For non-payment, use Form N4 (14 days to pay or vacate). For behavioral issues, use Form N5 (7 days to correct or 20 days to vacate). Each notice has specific requirements that must be followed exactly.
Step 2: Wait for the Notice Period
Give the tenant the full notice period to remedy the issue or move out. If they pay arrears (for N4) or correct behavior (for first N5), you cannot proceed with eviction for that specific issue.
Step 3: Apply to the Landlord and Tenant Board
If the tenant doesn't comply or vacate, file an application with the LTB. You'll need to pay a filing fee and complete the appropriate application form. Include all documentation supporting your case.
Step 4: Attend the Hearing
The LTB will schedule a hearing where both parties can present their case. Come prepared with all documentation: the lease, notices served, proof of service, records of communication, photos if relevant, and any witnesses.
Step 5: Obtain an Eviction Order
If the adjudicator rules in your favor, they'll issue an eviction order specifying when the tenant must vacate. The tenant may be given additional time depending on circumstances.
Step 6: Enforce the Order
If the tenant doesn't leave by the ordered date, you must file the order with the Court Enforcement Office (Sheriff). Only the Sheriff can physically remove a tenant. Never attempt to evict a tenant yourself.
Common Mistakes to Avoid
- Using the wrong notice form or making errors on the notice
- Not properly serving the notice
- Attempting illegal eviction tactics (lockouts, shutting off utilities)
- Missing filing deadlines
- Coming to hearings unprepared
The eviction process can take several months, so start early and follow procedures carefully. Consider consulting with a paralegal or property management company experienced in LTB matters.
