Navigating the rules surrounding evictions can be complex for both landlords and tenants in Ontario. Understanding these regulations is crucial to ensure a fair and legal process. This article provides a clear overview of the acceptable grounds for eviction in Ontario, the proper procedures that must be followed, and the rights of both landlords and tenants. The governing legislation is the Residential Tenancies Act (RTA), and the Landlord and Tenant Board (LTB) plays a vital role in resolving disputes.
Acceptable Grounds for Eviction in Ontario
A landlord cannot simply evict a tenant without a valid reason. The RTA outlines specific grounds for eviction (outlined below) and the forms mentioned can be found at this Tribunals Ontario page, along with a PDF of instructions for filling them out.
Non-Payment of Rent
This is one of the most common reasons for eviction. If a tenant fails to pay rent, the landlord can serve a Notice of Termination (N4) giving the tenant 14 days to pay the outstanding amount. If the tenant pays within this timeframe, the eviction process stops. If not, the landlord can apply to the LTB for an eviction order.
This would require a Non-Payment of Rent (N4) form, and requires you to give 14 days notice.
Persistent Late Payment of Rent
Even if the rent is eventually paid, consistently paying late can be grounds for eviction. Landlords must keep documented evidence of late payments and can serve an N8 notice.
This would require a Persistent Late Payment (N8) form, and requires you to give 28 days notice.
Damage to the Rental Unit
Significant damage beyond normal wear and tear can justify eviction. It’s important to distinguish between accidental damage and deliberate or negligent damage. An N5 notice is used in these cases.
This would require a Damage to Property (N5) form, and requires you to give 20 days notice.
Illegal Activities
Engaging in illegal activities on the premises, such as drug trafficking or other criminal activity, is a serious breach of the tenancy agreement and can lead to eviction with an N6 notice.
This would require an Illegal Act (N6) form, and requires you to give 20 days notice.
Interfering with Others/Disturbing the Peace
Consistently disturbing other tenants or the landlord’s reasonable enjoyment of the property, such as through excessive noise or harassment, can result in an N5 notice and potential eviction.
This would require a form, and requires a day notice period.
Landlord’s Own Use/Family Use/Purchaser’s Use
A landlord can evict a tenant if they, a close family member, or a purchaser of the property intends to occupy the unit. This requires good faith and proper notice (N12). Compensation is required: one month’s rent or offering another acceptable unit, payable before the termination date. Generally, a landlord cannot evict for these reasons during a fixed-term lease unless the lease agreement contains a specific clause allowing it.
This would require a Landlord’s/Family/Purchaser Use (N12) form, and requires 28 or 60 days notice (depending on the type of tenancy)
Demolition, Repairs, or Conversion
If a landlord needs to demolish, repair, or convert the unit to a non-residential use, they can evict the tenant with an N13 notice. The tenant may have a right of first refusal to return after the work is completed.
This would require a Demolition/Repair/Conversion (N13) form, and requires 120 days notice.
The Eviction Process in Ontario
A legal eviction in Ontario follows a specific process:
- Serving the Appropriate Notice of Termination (N form): The correct N form must be used, and it must be served properly.
- Applying to the LTB: If the tenant doesn’t vacate after the notice period, the landlord must apply to the LTB for an eviction order. You can submit the appropriate L form via. the Tribunals Ontario Portal.
- Attending an LTB Hearing: Both the landlord and tenant will have the opportunity to present their case at an LTB hearing.
- Obtaining an Eviction Order: If the LTB rules in favour of the landlord, they will issue an eviction order.
- Enforcement by the Sheriff: Only the Sheriff can legally enforce an eviction order. A landlord cannot physically remove a tenant themselves.
Here’s a summary of common notice periods when serving a Notice of Termination in Step 1 above:
| Reason for Termination | Notice Period |
|---|---|
| Non-Payment of Rent (N4) | 14 days |
| Persistent Late Payment (N8) | 28 days |
| Damage to Property (N5) | 20 days |
| Illegal Act (N6) | 20 days |
| Landlord’s/Family/Purchaser Use (N12) | 28/60 days (varies based on tenancy type and notice given by purchaser) |
| Demolition/Repair/Conversion (N13) | 120 days |
Important: It is illegal for a landlord to evict a tenant without an LTB order. This includes actions like changing the locks, removing a tenant’s belongings, or cutting off utilities. Landlords who perform illegal evictions can face serious consequences. Tenants who are illegally evicted should seek immediate legal advice.
Tenant Protections and Related Considerations
Tenants in Ontario have several protections throughout the eviction process, and various factors can influence how an eviction proceeds. This section outlines key tenant rights and related considerations.
Challenging an Eviction
Tenants have the right to dispute an eviction at a Landlord and Tenant Board (LTB) hearing. They can present evidence and arguments in their defence. Resources such as legal aid clinics and tenant advocacy groups are available to provide assistance and guidance.
Bad Faith Evictions
A “bad faith” eviction occurs when a landlord evicts a tenant under false pretences. A common example is a landlord claiming they need the unit for personal use or for a family member, but then re-renting it at a higher price shortly after. This practice is illegal. Tenants who believe they have been evicted in bad faith can pursue legal action against the landlord, potentially seeking compensation.
Alternative Dispute Resolution
Before proceeding to a formal LTB hearing, landlords and tenants are encouraged to explore mediation and other forms of dispute resolution. These methods can often provide a faster, less expensive, and more amicable solution than a formal hearing process.
Human Rights Protections
The Ontario Human Rights Code provides crucial protection against discriminatory evictions. Landlords cannot evict a tenant based on protected grounds such as race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, [1] gender identity, gender expression, age, marital status, family status or disability. [2]
Any eviction that violates the Human Rights Code is illegal.
Types of Tenancy and Their Impact on Evictions
The type of tenancy agreement in place significantly affects the eviction process.
- Fixed-Term Tenancies: A fixed-term tenancy has a specific end date. Generally, landlords cannot evict a tenant during the term of a fixed-term lease for reasons such as personal use, unless there is a specific clause within the lease agreement permitting it.
- Month-to-Month Tenancies: A month-to-month tenancy automatically renews each month until either the landlord or tenant provides proper notice to terminate. The standard eviction rules apply to month-to-month tenancies.
- Overholding Tenants: An “overholding tenant” is one who remains in the rental unit after their fixed-term lease has expired without signing a new agreement. In such cases, the tenancy automatically converts to a month-to-month tenancy, and the standard eviction rules then apply.
Standard Lease Agreement
Ontario mandates the use of a Standard Form of Lease for most tenancy agreements entered into after April 30, 2018. All clauses within the lease must comply with the Residential Tenancies Act (RTA). Any clause that contradicts the RTA is considered void and unenforceable.
Conclusion
Following the proper legal procedures for eviction is essential in Ontario. Both landlords and tenants should understand their rights and responsibilities under the RTA.
The LTB plays a crucial role in resolving disputes.
If you have any questions or concerns about eviction, it is always best to seek legal advice.
Resources and Further Information
- Landlord and Tenant Board (LTB): https://tribunalsontario.ca/ltb/
- Residential Tenancies Act (RTA): https://www.ontario.ca/laws/statute/06r17
- Federation of Metro Tenants’ Associations (FMTA): https://www.fmta.org/
