When Can a Landlord Evict a Tenant in Ontario?

Owning a rental property in Ontario comes with real responsibilities. When a tenancy goes off-track—rent is unpaid, serious disturbances occur, or you legitimately need the unit back for your family—you must follow very specific rules before an eviction is even possible. This guide walks Ontario landlords through the lawful grounds, the notices you must use, and the process that follows, so your decisions are compliant, defensible, and fair.

First principles: eviction is a legal process, not a conversation

In Ontario, a landlord cannot evict by simply asking a tenant to leave or by changing the locks. You must serve the correct Landlord and Tenant Board (LTB) notice, file the proper application, attend a hearing, and—if an order is granted—have it enforced only by the Sheriff. Self-help evictions and lockouts are illegal.

Lawful reasons to end a tenancy

Under the Residential Tenancies Act (RTA), there are limited, defined reasons to seek eviction. Each reason is paired with an official LTB notice (“N-form”) and, after the notice period, an L-application for the hearing.

1) Non-payment of rent (Form N4)

If full rent is not paid on the due date, you may serve Form N4 – Notice to End a Tenancy Early for Non-payment of Rent. The notice gives a termination date (typically 14 days for monthly tenancies; 7 days for daily/weekly), and the tenant can void the notice by paying the arrears by that date. If they do not, you may file L1 to ask the LTB for an eviction and a money order. There is no deadline to file the L1 after an N4. 

Key tip: Serve the N4 precisely and list the arrears exactly. Math or service errors can delay your case.

2) Interference, damage, or overcrowding (Form N5)

Use Form N5 if the tenant substantially interferes with others’ reasonable enjoyment, causes damage, or allows overcrowding. The first N5 within six months gives the tenant 7 days to correct the problem (e.g., stop the behaviour, repair the damage). If they do not, or if a second N5 is served within six months for a similar issue, you may apply for eviction with L2 (no second correction period).

3) Illegal acts (Form N6)

Serve Form N6 if the tenant or someone they permit commits an illegal act in the unit or complex (including drug production/trafficking, or other illegal businesses). The N6 allows you to apply immediately (L2) after service—there is no correction period.

4) Serious problems impairing safety, or special small-building cases (Form N7)

Form N7 is reserved for serious issues: behaviour that seriously impairs safety, wilful or significant damage, using the unit in a way that could cause serious damage, or interference in small buildings where the landlord also lives (three units or fewer). Like the N6, you may apply to the LTB immediately after serving the N7.

5) Landlord’s or purchaser’s own use (Form N12)

If you (or certain close family members) genuinely intend to occupy the unit for at least one year, or if a purchaser needs the unit for their own family’s occupancy, you may serve Form N12. The termination date must be the last day of a rental period (or lease term) and at least 60 days after service. You must pay the tenant compensation equal to one month’s rent (or offer another acceptable unit) by the termination date. Bad-faith N12s carry serious penalties.

Good-faith requirement: You must actually intend to occupy the unit (or have the stated family member/purchaser occupy) for at least a year. Misuse can result in fines and tenant remedies, including moving costs and rent abatement.

6) Demolition, conversion, or major repairs/renovations (Form N13)

If you are demolishing, converting to non-residential use, or doing major repairs/renovations that require vacant possession, use Form N13. The termination date must be at least 120 days and coincide with the end of a rental period or lease term. Compensation rules apply and vary by building size (for many circumstances, at least one to three months’ rent, or rent for the period the unit is unusable). Tenants who move for repairs/renovations generally have a right of first refusal to return at the lawful rent if they provide written notice before moving.

The required path: notice → application → hearing → order → Sheriff

  1. Serve the correct notice (N-form) with accurate dates and details.

  2. If the tenant does not move or the issue is not corrected, file your L-application (e.g., L1 for non-payment, L2 for most other grounds) through the Tribunals Ontario portal within 30 days of the termination date for most applications (N4/L1 is an exception with no filing deadline).

  3. Attend the hearing. Both sides can present evidence; mediation may be offered.

  4. If the LTB grants an eviction order, only the Sheriff can enforce it. Do not change locks or remove belongings without the Sheriff’s involvement.

Practical guidance for Ontario landlords

  • Document everything. Keep ledgers, photos, service affidavits, maintenance records, and written communications. Precise evidence wins hearings.

  • Serve properly. Use the LTB’s service rules and forms directly from the official site. Small defects can void a notice.

  • Mind timing and compensation. N12 needs 60 days to the period end and one month’s rent paid by the termination date. N13 needs 120 days, plus the correct compensation. Missing either often sinks a case.

  • Act in good faith. For own-use and renovation scenarios, the LTB looks closely at intent and follow-through. Bad-faith findings can be expensive.

Frequently asked clarifications

Can I evict for frequent late payment even if the arrears are current?

Yes—chronic late payment can be addressed using behaviour-based notices (often N5), provided you document the pattern and impact. The LTB focuses on reliability and interference with the landlord’s lawful interests.

If my tenant pays after I serve an N4, is the eviction automatic?

No. If the tenant pays the full amount by the N4’s termination date, the notice is void and you cannot proceed on that N4. If they do not pay, you may file L1; at the hearing, they can still pay and ask for relief, so bring complete payment records.

Who changes the locks after an order?

Only the Sheriff. Changing locks yourself—before Sheriff enforcement—is an illegal lockout.

Final word for Ontario landlords

Evictions in Ontario are possible, but they are procedural: the correct notice, correct timing, correct compensation, and a properly presented case. When in doubt, rely on the LTB’s official forms and guidance, and keep your documentation tight. If your situation involves own-use, a sale with purchaser’s use, demolition, conversion, or major renovations, expect heightened scrutiny around good faith, compensation, and tenant return rights.

If you are preparing to sell a tenanted property, timing, notices, and compliance can directly impact your closing date, buyer confidence, and sale price. The Johnson Team blends market strategy, legal awareness, and polished marketing to help you sequence notices properly, minimise vacancy risk, and present your property at its best. Let us handle the logistics, coordination, and negotiation, so you can move forward with clarity, certainty, and a stronger bottom line. Kindly contact The Johnson Team to start working with an agent right away—we will guide your sale from first consultation to firm deal.

 


Posted by Maryann Quenet on
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