How to legally evict a tenant in Ontario

The golden rule: only the LTB can evict

Ontario's Residential Tenancies Act (RTA) gives tenants strong security of tenure. A notice of termination — even a perfectly filled-out one — does not end a tenancy by itself. If the tenant does not move out by the termination date, the landlord must apply to the LTB for an eviction order and then have it enforced through the Sheriff.

Self-help evictions are illegal. Changing the locks, removing the tenant's belongings, cutting heat or water, or harassing a tenant into leaving can lead to LTB orders against the landlord, including rent rebates and damages. The process is slow by design — plan for months, not days.

The main legal paths to ending a tenancy

Which notice you use depends entirely on the reason. The common ones:

• N11 — Agreement to End the Tenancy: the tenant voluntarily agrees in writing to move out on a specific date. No LTB application needed if they honour it.
• N12 — Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Unit: for own-use evictions. Requires at least 60 days' notice and one month's rent as compensation.
• N4 — Notice to End a Tenancy Early for Non-payment of Rent: 14 days to pay (7 days for weekly tenancies). If unpaid, the landlord files an L1 application.
• N5/N6/N7 — for interference with reasonable enjoyment, illegal acts, or impaired safety. These have their own notice periods and first/second-notice rules.
• N13 — for demolition, conversion, or extensive repairs requiring vacant possession.

The N12 in detail: own-use evictions

The N12 is the most scrutinized notice at the LTB because it is the most abused. Three requirements trip landlords up:

First, good faith. The landlord (or purchaser, or qualifying family member) must genuinely intend to live in the unit for at least one year. Evicting to re-rent at a higher price is bad faith, and tenants can file a T5 application — up to a year after moving out — asking for the rent difference for up to 12 months, moving expenses, and an abatement.

Second, compensation. The landlord must pay the tenant one month's rent (or offer another acceptable unit) by the termination date. Missing this is one of the most common reasons L2 applications are dismissed.

Third, the termination date must be at least 60 days after the notice is given and must align with the end of a rental period or the end of a fixed term.

Filing with the Landlord and Tenant Board

If the tenant stays past the termination date, the landlord files the matching application — L1 for non-payment, L2 for landlord's own use and most other notices. Applications are filed online through the Tribunals Ontario portal, and there is a filing fee (check the current fee on the LTB website before filing).

Hearings are currently scheduled months out in many regions, so file promptly once the notice period expires. Bring the notice, proof of service, the tenancy agreement, ledgers or receipts, and any correspondence. For N12 cases, bring evidence of good faith: the purchaser's agreement, affidavits, or moving plans.

Mistakes that get applications dismissed

Adjudicators dismiss eviction applications over paperwork errors every day. The classics:

• Wrong termination date — not 60+ days out, or not aligned to the rental period.
• N12 compensation not paid by the termination date.
• Serving the notice incorrectly — email alone is generally not valid service unless the tenant agreed to it.
• Errors on the form: wrong names, wrong address, wrong dates.
• Retaliation — filing after the tenant asserted their rights (e.g., called 311) invites a section 83 discretionary refusal even if the notice was technically valid.

What tenants should know

Tenants do not have to move out just because they received a notice. Only an LTB order — enforced by the Sheriff — ends the tenancy against their will. Tenants have the right to a hearing, to dispute the notice, and to raise maintenance or harassment issues.

If you moved out after an N12 and the unit was re-rented or never occupied by the landlord, you can file a T5 bad-faith application within one year. Keep copies of everything: the notice, your rent receipts, and any ads showing the unit re-listed.