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An eviction in Ontario runs on a notice, then an application, then an order, then the Sheriff. Skip a step or serve the wrong notice and the Board sends you back to the start, months later. We prepare the notice, file the application and appear at the hearing, for landlords.
Start My Enquiry →Only the Sheriff can enforce an eviction in Ontario. Everything before that is notice, application and order, and each step has to be right.
No. Under the Residential Tenancies Act, a landlord cannot evict a tenant without an order from the Landlord and Tenant Board. Even after an order is issued, only the Sheriff can enforce the eviction. A landlord who changes the locks, removes the tenant's belongings or otherwise forces the tenant out without an LTB order risks an illegal lockout claim under s. 39 of the RTA. We take landlords through each lawful step, from notice to the Sheriff.
Landlords only. We act only for landlords in residential Landlord and Tenant Board matters. If you are a tenant, contact Tribunals Ontario or your local community legal clinic.
Tell us briefly what is going on. A lawyer reviews every enquiry and replies within 2 business days.
A lawyer replies within 2 business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.
Under the Residential Tenancies Act, 2006, a landlord cannot simply evict a tenant. The RTA establishes a structured process requiring proper notice, valid grounds, and an order from the Landlord and Tenant Board. The most common eviction notices include the N4 (non-payment of rent, s. 59), N12 (landlord's own use, s. 48), N13 (demolition, conversion, or extensive repairs, s. 50), N5 (interference with reasonable enjoyment, s. 64), and N7 (serious impairment of safety, s. 66). Each notice has specific legal requirements regarding content, service, and termination dates that must be strictly followed.
Many eviction notices served by landlords contain procedural defects that can result in dismissal of the landlord's application. Common defects include incorrect termination dates, improper service methods, failure to include the required compensation for N12 notices (s. 48.1 and s. 55.1), and insufficient particulars. We prepare each notice to meet those requirements, and check any notice you have already served before an application is filed.
Bad faith evictions occur when a landlord uses an N12 or N13 notice as a pretext to remove a tenant, often to re-rent the unit at a higher price. Under s. 57 of the RTA, a former tenant may apply to the LTB within one year of vacating if the landlord did not, in good faith, require the unit for the stated purpose. If the LTB finds bad faith, it can order the landlord to pay the tenant the increased rent for one year, moving and storage costs, and up to 12 months' rent as compensation, and order an administrative fine of up to $50,000; separately, on conviction, fines of up to $100,000 for an individual or $500,000 for a corporation can be imposed (s. 238).
The Divisional Court has established important principles for assessing bad faith in cases such as Salter v. Beljinac, [2001] O.J. No. 2792, where the Court confirmed that the genuineness of a landlord's stated intention is a question of fact. We help landlords document the genuine purpose from the start: who is moving in and when, the permits and contracts for the work, and why vacant possession is required under s. 50(1)(c) of the RTA.
A landlord's application should be built for the defences it will meet. For N4 notices, a tenant can void the notice by paying all outstanding rent before the Board issues an order (s. 74). Under s. 82 of the RTA a tenant can raise maintenance, harassment or illegal charges at your hearing, which can reduce or eliminate the arrears. For applications filed on or after 21 September 2026, a tenant can raise those issues only after giving advance written notice and paying half of the arrears claimed before the hearing. We prepare the records that answer these in advance.
For N12 notices, we confirm that one month's compensation is paid (s. 48.1 and s. 55.1) or, for a landlord's own-use notice given on or after 21 September 2026, that it gives at least 120 days and ends on the last day of a period or term (s. 48.1(2)), and, on a sale, that the agreement of purchase and sale supports the purchaser's own use. For N13 notices, we confirm the work requires vacant possession, the permits are in place, and the right of first refusal under s. 53 is respected. Each application is built on the facts it will be tested against.
Our lawyers offer a no-obligation initial assessment for most matters. Call, email, or book online. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
Monday to Friday: 9:00 AM to 5:00 PM
Evenings & weekends by appointment
No obligation. We will tell you honestly whether we can help.
A lawyer replies within 2 business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.
Lexaltico LLP
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
When you use a form on this site, email us or telephone us, we collect what you choose to send: your name, email address, telephone number and a description of the situation. Nothing on this site requires you to give more than that.
We collect non identifying technical information when you browse: IP address, browser type, pages viewed and time spent. It is used to understand how the site is used and to improve it. It is not used to identify you.
We do not collect sensitive personal information through this website. Detailed personal and legal information is collected only after a solicitor client relationship exists, through the channels set up for that purpose.
What you send is used to reply to you, to run a conflict check, to assess whether the firm can assist, and, if a retainer follows, to carry out the work.
We do not use your personal information for marketing without your express consent, and we do not sell, rent or trade it. If you consent to receive anything from us, every message carries a way to stop, as required by Canada’s Anti Spam Legislation.
Information given to us in the course of a legal matter is protected by solicitor client privilege. We do not disclose privileged information without your consent, except where the law or a court order requires it.
Non privileged contact information may be shared with the providers who help us run the firm and this website, and with people engaged on your matter such as translators, agents and court reporters. All of them are under confidentiality obligations.
Information submitted through a form travels through third party services in order to reach us by email, and may be processed or stored outside Canada, where it can be subject to the laws of that place. Submitting a form is your consent to that transfer. If you would rather not, telephone us instead.
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Under the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 you may ask what personal information we hold about you, ask us to correct anything inaccurate, and withdraw consent to our use of it, subject to legal and contractual limits. We reply within thirty days or explain why we need longer.
Client files are kept for the period the law and the Law Society require, ordinarily seven years after a matter closes, which reflects limitation periods and the possibility of later proceedings. After that they are securely destroyed or anonymised. You may ask for earlier deletion, subject to those obligations.
If you contact us and no retainer follows, what you sent is retained only as long as our conflict records require, then destroyed.
Privacy Officer, Lexaltico LLP
55 University Avenue, Suite 1100, Toronto, Ontario M5J 2H7
privacy@lexaltico.com
+1 416 333 6200
If you are not satisfied with our answer you may complain to the Office of the Privacy Commissioner of Canada.
Short, and written to be read rather than scrolled past.
This site publishes several hundred pages about Ontario law. They are written carefully, they cite statutes and cases by name, and they are reviewed. None of that makes them advice about your matter. Law is applied to facts, and we do not know yours.
The difference is practical rather than technical. A page explaining that spousal support is usually indefinite after a twenty year marriage is accurate as a general statement and may be wrong about you, because of a domestic contract you signed, a period of separation you have forgotten, or an income that is not what a tax return says it is.
Law also changes. Pages carry a review date where one is relevant. A page reviewed last year may not reflect an amendment made since, and a page about a subject currently before an appellate court may be overtaken between your reading it and your acting on it.
A conflict check must be completed. We act for a great many people and businesses, and we cannot act against a current client or use what we learned from a former one. That check happens before anything else and occasionally means we have to decline.
We must confirm in writing that we are prepared to act. Not every matter is one we can take, and saying so early is better than taking a file we cannot properly serve.
A retainer agreement must be signed. It sets out what we are doing, what we are not doing, who is responsible for what, and how fees work. Until it is signed no relationship exists, whatever has been discussed.
Information sent through a form, or by email, before a retainer is signed is not covered by solicitor client privilege. That is not a policy we chose. It follows from there being no solicitor client relationship for the privilege to attach to.
It can also create a problem for you. If you send us detailed information about a dispute and we are later approached by the other side, what you sent may affect whether we can act for either of you.
So tell us the shape of the problem and leave out the detail: the area of law, roughly when it arose, and whether anything is urgent. That is enough for us to say whether we can help. The documents come after the retainer.
Case results described anywhere on this site are real and are described accurately, and they are specific to their own facts. A settlement at three times the original offer happened because of that employer, that contract and that person’s history. It says nothing about what your matter is worth.
Client reviews are the views of the people who wrote them. We do not offer anything in return for a review, we do not write them, and we do not ask only the clients we expect to be positive.
Calculators on this site produce estimates from the figures you enter. They apply published formulas and they cannot know about the facts that most often change the answer.
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We link to statutes, regulations, court decisions and government pages because a reader should be able to check us. We do not control those sites and are not responsible for them, and a link is not an endorsement.
To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your use of, or reliance on, anything published on this website.
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Every limit on what this website tells you, and every thing it does not do, in one place rather than in small print at the bottom of each page.
Four limits, and they matter in this order.
Everything published on this website is general information. It is not legal advice, it does not take account of the facts of any particular situation, and reading it does not create a solicitor client relationship. Do not act, or decide not to act, on anything here without speaking to a lawyer licensed in your jurisdiction about your own circumstances.
These pages describe the law of Ontario, and of Alberta only where a page says so expressly. They do not describe the law of any other province, territory or country. Law that looks similar across jurisdictions frequently is not.
Each page states the law as at the review date shown on it. Legislation is amended and case law develops. A page accurate when written may no longer be.
These pages describe how a rule usually works. That is not the same as how it applies to your facts. The exceptions are where most real matters live, and a page written for a general reader cannot tell you whether you are inside a rule or inside its exception.
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Do not send confidential or sensitive information through this website or by email until we have confirmed in writing that we can act for you. Information sent before that point is not treated as confidential and may prevent us from acting for you, or for someone else, in a connected matter.
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Lexaltico LLP is regulated by the Law Society of Ontario under the Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in Ontario through the firm are members in good standing.
Alberta matters are handled by lawyers licensed with, and in good standing with, the Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in Alberta, and the reverse is also true.
Immigration consulting is provided by Regulated Canadian Immigration Consultants in good standing with the College of Immigration and Citizenship Consultants under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
Not everyone at the firm is a lawyer.
Each page and biography states which applies. Ask at the outset who will handle your matter and under which licence.
We serve clients in thirteen languages. Every page of this website is written and published in English. Where anything is provided in another language, the English version governs in the event of a difference. If you need an interpreter, tell us when you book and we will arrange one.
The no-obligation initial assessment is a brief introductory conversation. It does not include a review of your documents and does not constitute legal advice.
The firm charges a fee for substantive consultations, including in civil litigation, criminal defence and immigration matters. The firm may waive that fee at its discretion. Any fee is disclosed in advance and credited in full toward your account if you retain the firm.
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
They produce estimates from what you type and cannot know the rest. They do not account for the terms of your contract, statutory exceptions, or the discretion a court will apply. Do not make a decision on a number produced by a calculator.
Any outcome described happened on its own facts, before its own decision maker, under the law as it stood at the time. Past results do not predict or guarantee the result of any other case.
Reviews shown here are written by third parties and published on platforms we do not control. Each describes one person’s experience of one matter. They are not a promise, a prediction or a guarantee about any other matter.
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