Eviction in Ontario: Legal Grounds and What Landlords & Tenants Need to Know

Eviction is stressful for both landlords and tenants. In Ontario, strict rules ensure evictions are done fairly and legally. Understanding these rules help landlords follow the law and protects tenants from wrongful eviction. This article provides an overview of legal eviction grounds, the step-by-step process, and key rights and responsibilities. Whether you’re a landlord dealing with a difficult situation or a tenant worried about eviction, knowing the basics will help you navigate with less fear and worry.

Understanding Ontario Landlord-Tenant Eviction Rules

Ontario’s Residential Tenancies Act (RTA) sets out when and how evictions can happen. The Landlord and Tenant Board (LTB) handles all eviction cases. Landlords must follow the proper legal steps – they cannot just change locks or kick a tenant out without an LTB order. Importantly, getting an eviction notice does not mean you must move out. You have the right to stay in your home until the LTB holds a hearing and issues an eviction order. Only a Sheriff can enforce an eviction order and physically remove a tenant. Any attempt to evict a tenant without an LTB order (for example, locking them out or cutting off utilities) is illegal.

Legal Reasons for Eviction in Ontario

Landlords may file for an eviction order against a tenant only for specific legal reasons. Common grounds include:

• Non-Payment of Rent
  The tenant has not paid the rent that is due. This is the most common reason for eviction.
• Lease Violations (Damage or Disturbance)
  The tenant seriously violates the lease or rental rules – for example, by causing major damage to the property or by disturbing other tenants.
• Illegal Activities
  The tenant or their guest engages in illegal activity on the premises (such as drug dealing). This can lead to a fast eviction due to the seriousness.
• Landlord’s Personal Use
  The landlord (or an immediate family member) needs the unit to live in. This requires notice served to the tenant and usually one month’s rent as compensation.
• Sale of Property (Purchaser’s Use)
  The rental unit is sold, and the buyer or the buyer’s family will move in. This also requires notice served to the tenant and one month’s rent compensation.
• Major Renovations or Demolition
  The landlord plans major renovations, repairs, or demolition that requires the unit to be empty. Notice has to be served to the tenant is usually entitled to compensation. It's important to note that the tenant also has the legal right of first refusal, giving them the option to move back into the unit at a similar rent once the work is finished.

Eviction Notice Periods and Timelines

The required notice period depends on the reason/Notice given for eviction. For example, a non-payment of rent notice gives 14 days; notices for tenant misconduct (like damage or noise) give around 10–20 days; notices for a landlord or buyer to move in require 60 days; and notices for major renovations or demolition require 120 days. Dates on Notices must comply with the regulation requirements or you will run the risk of your application/s being dismissed.

These are minimum timeframes. In practice, the eviction process takes longer. After the notice, the landlord must apply to the LTB and wait for a hearing (which could take months). If an eviction order is granted, it will typically give the tenant some time to leave. If the tenant doesn’t leave by then, the landlord may proceed with enforcing the Order for eviction. Overall, an eviction often takes a few months from start to finish.

LTB Eviction Process: From Notice to Sheriff

In Ontario, an eviction goes through these general steps: the landlord serves a termination notice; if the tenant doesn’t leave or resolve the issue, the landlord files an application with the LTB; the LTB holds a hearing where both sides may present their case; the Board then issues a decision (an order granting or denying eviction). If an eviction is ordered and the tenant still doesn’t leave by the date in the order, the landlord must have the Sheriff carry out the eviction. Only the Sheriff can physically evict a tenant – landlords cannot do it themselves.

Tenant Rights During an Eviction

Tenants have important rights during the eviction process:

• Right to proper process: You cannot be evicted without a valid notice and a hearing. A landlord’s notice alone isn’t enough – an eviction must be granted by the LTB.
• Right to dispute or remedy: You have the right to go to the LTB hearing to defend yourself. You can present evidence against the eviction. In many cases, you can also stop the eviction by fixing the problem – for example, paying off rent arrears to halt an eviction for non-payment.
• Protection from illegal eviction: Your landlord cannot change the locks, shut off your utilities, or physically remove you without an LTB eviction order. Harassment or retaliatory evictions (for example, trying to evict you because you filed a complaint) are not allowed.
• Protection from 'Bad Faith' Evictions: If you are evicted because the landlord, their family, or a purchaser claimed they were moving in, they must follow through with that intention for at least one year. If you find out they immediately re-rented the unit to someone else at a higher price may be considered a 'bad faith' eviction. In such cases, you have the right to file an application with the LTB seeking compensation.

Avoiding Common Pitfalls: Tips for Landlords & Tenants

For Landlords:

• Follow the law: Always use the correct forms and give the proper notice period. Don’t attempt to evict a tenant on your own – that’s illegal and can derail your case.
• Keep good records: Document everything (rent payments, complaints, damages, communications). Strong records will support your case if you need to go before the LTB.
• Communicate and be reasonable: Try to resolve issues with your tenant directly if possible. Sometimes a payment plan or a mutual agreement to end the tenancy may avoid a formal eviction. Treating tenants respectfully and fairly may also help if the case goes to a hearing.

For Tenants:

• Take eviction notices seriously: Read the notice to understand why and by when your landlord wants you out. If it’s something you can fix (like unpaid rent or a rule you can comply with), try to fix it quickly to prevent further action.
• Know your rights and get help: Remember, an eviction notice is not an eviction order. You usually don’t have to move out until the LTB decides. Reach out to a legal clinic or tenant support organization for advice on your situation – they can help you prepare for the hearing or explore solutions.
• Attend the LTB hearing: This is your chance to tell your side of the story so don’t miss it. Tell the adjudicator why you should be given a chance or more time if you need it.

FAQs

Q1: Do I have to move out as soon as I get an eviction notice from my landlord?

A: No. An eviction notice from a landlord is just the first step; it is not a court order. You do not have to move out unless and until the Landlord and Tenant Board holds a hearing and issues an eviction order.

Q2: How long does the eviction process take in Ontario?

A: It’s not quick – often a few months or more. The process involves the notice period, waiting for an LTB hearing, and then the process to enforce an eviction order.

Q3: If I pay all the rent I owe, can I avoid eviction?

A: For non-payment of rent cases, yes. If you pay all the outstanding rent (and any applicable fees) before the eviction order is issued, the eviction process for non-payment will usually stop. Even after an order, paying in full within the specified time may void the eviction.

Q4: What if a tenant refuses to leave after an eviction order?

A: The landlord must involve the Sheriff to enforce the order. Landlords cannot personally remove a tenant. If the tenant stays past the date on the LTB’s eviction order, the Sheriff will carry out the eviction.

Q5: What reasons are not valid grounds for eviction?

A: A landlord cannot evict a tenant for reasons that are not permitted by law. For example, they cannot evict you just because you have children, or a pet, or because you complained about maintenance, or because they want to re-rent at a higher price. Only the specific reasons allowed under the RTA (like non-payment of rent, substantial damage, legitimate personal use, etc.) may lead to an eviction.

In Conclusion, evictions in Ontario must follow the law and proper procedures. While the process can be challenging, knowing the rules helps both landlords and tenants handle it better. If you’re dealing with an eviction issue, AA Paralegal Services can help with professional, empathetic guidance. 

We’re here to help.Don’t hesitate to assert your rights and seek professional legal assistance when necessary. For expert help with tenant-landlord disputes, contact AA Paralegal Services today. Schedule a consultation by completing the consultation form or calling 905-873-0002.