Evictions & Ending a Tenancy
Ontario Eviction Process: The Three Legal Ways to Evict a Tenant (Landlord Guide)
A landlord's reference to Ontario's eviction process: the three legal ways a tenancy ends, which N-notice applies, LTB timelines, sheriff enforcement, and what makes an application fail.
Ontario law gives a landlord exactly three ways to end a tenancy: the tenant’s own notice (N9), a mutual agreement (N11), or a Landlord and Tenant Board order under the Residential Tenancies Act, 2006. Only the court-appointed sheriff — never police — may physically remove a tenant, and only after the LTB issues that order.
How Long Does an Ontario Eviction Take, Start to Finish?
A non-payment eviction moves through several distinct stages — notice to LTB hearing, hearing decision to written order, and order to sheriff enforcement — and the total can stretch out considerably. Wait times at each stage shift with board caseload and region, so landlords should check the LTB’s current published wait times before budgeting a timeline rather than relying on a fixed figure.
| Stage | What drives the wait |
|---|---|
| Notice served → LTB hearing | Varies by region and current board caseload — check the LTB’s published wait times |
| Hearing won → written order issued | Processing time varies; check the LTB’s current published timelines |
| Order issued → sheriff enforces | Varies by jurisdiction and the local sheriff’s office caseload |
None of these stages can be shortened by calling police. Police have no jurisdiction over a landlord-tenant non-payment dispute — a call about a tenant not paying rent is routinely referred back to the LTB.
Which LTB Notice Fits Which Eviction Situation?
The correct notice depends on why the tenancy is ending, and filing the wrong one is one of the most common ways an application stalls at the board.
| Notice | Grounds |
|---|---|
| N4 | Non-payment of rent — the most common eviction filing |
| N5 | Interference, damage, or overcrowding; rarely ends in an outright first-application eviction |
| N8 | Persistent late payment of rent |
| N9 | Tenant’s own notice to end the tenancy (no LTB order required) |
| N11 | Mutual agreement to end the tenancy (no LTB order required) |
| N12 | Landlord, purchaser, or qualifying family member requires the unit |
| N13 | Demolition, major repair, or conversion of the unit |
N9 and N11 don’t require an LTB hearing to end the tenancy on their own — the board only gets involved if the tenant doesn’t follow through on a date they already agreed to.
What’s the Difference Between an N4, N12, and N13 Notice?
An N4 is a straightforward non-payment filing and, of the three, moves through the LTB fastest since the evidence — the rent ledger — is usually simple. An N12 requires the landlord, a purchaser, or a family member to genuinely intend to occupy the unit; bad-faith N12s (where the unit is never actually occupied by the stated party) are a well-known source of LTB scrutiny and post-eviction liability. An N13 is the most document-heavy of the three — it requires permits and a real construction or conversion plan, because the board has to be satisfied that the work genuinely requires the unit to be vacated, not merely that the landlord would prefer it vacant.
What Is an Ex Parte Eviction Order, and When Can a Landlord Use One?
An ex parte order lets a landlord skip a full fresh hearing when a tenant has already agreed in writing to a move-out date — through an N9 or an N11 — and then doesn’t leave. Because the tenant already consented to end the tenancy, the landlord can apply directly to the board for an order enforcing that agreement, rather than starting an application from scratch. The eviction itself still has to go through the sheriff; an ex parte order does not let a landlord remove a tenant directly.
What Makes an Eviction Application Fail at the LTB?
Applications most often fail on the same handful of procedural grounds: the notice wasn’t served correctly, the arrears evidence is incomplete, an N12 lacks a credible good-faith intent to occupy, or an N13 is filed without the permits and plans the board expects to see. Behavioural N5 applications are especially fragile — adjudicators frequently issue a warning rather than an eviction the first time, since the outcome depends heavily on the specific facts and the severity of the conduct. Filing the right notice for the actual ground, with the paperwork to support it, is the single biggest factor in whether an application succeeds.
What Does It Cost a Landlord to Evict a Tenant in Ontario?
Beyond the LTB’s own filing fee — which is periodically updated, so landlords should check the board’s current fee schedule — the real cost of an eviction is layered: paralegal or legal representation to prepare and argue the application, a sheriff enforcement fee once an order is granted, a locksmith to re-secure the unit afterward, and, usually the largest line item, months of lost rent while the file moves through the queue to a hearing (check the LTB’s current published wait times for how long that queue is currently running). Budgeting for an eviction means budgeting for the whole timeline, not just the notice.
Securing the Property After the Sheriff Clears It
Once a unit is vacant, a landlord should walk the property, confirm all windows are locked, and change every exterior lock — front, back, and garage — before re-renting. Evicted tenants sometimes attempt to return, and while police can be called to lay a trespassing charge, some departments treat a landlord-tenant matter as outside their priority, which is why re-securing the unit immediately, rather than relying on enforcement after the fact, is the more reliable protection.
Screening Is Cheaper Than an Eviction
Every stage above — the notice, the wait for a hearing, the sheriff, the re-securing — is avoidable at the point a tenant is placed. Verifying income documents, running the checks a professional screening process includes, and accepting a modest vacancy period up front is consistently less costly than the many months an eviction file can take working through the LTB.