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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.
Book My 15-Minute Assessment →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. If your landlord changes the locks, removes your belongings, or otherwise forces you out without an LTB order, this constitutes an illegal lockout under s.
Tell us briefly what is going on. A lawyer reviews every enquiry and replies within 24 hours on business days.
A lawyer replies within 24 hours on 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. Our lawyers carefully scrutinize every eviction notice to identify grounds for challenging its validity before the LTB.
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 an amount up to 12 months' rent as compensation, authorize the tenant to move back into the unit, and impose an administrative fine of up to $50,000 for an individual or $250,000 for a corporation (s. 234).
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 gather evidence including rental listings, renovation timelines, landlord communications, and property records to demonstrate that the landlord's stated purpose was not genuine. For N13 notices, we examine whether the proposed renovations genuinely require vacant possession under s. 50(1)(c) of the RTA.
Effective eviction defence requires a multi-layered approach. For N4 notices, tenants have the right to void the notice by paying all outstanding rent before the Board issues an eviction order (s. 74). We also raise defences under s. 82 of the RTA, which allows tenants to raise any issue that could be the subject of a tenant application, including maintenance failures, harassment, and illegal charges. These issues can result in rent abatements that offset or eliminate the arrears claimed by the landlord.
For N12 notices, we challenge the genuineness of the landlord's claimed intention, verify whether the required compensation of one month's rent has been paid (s. 48.1 and s. 55.1), and examine whether an agreement of purchase and sale exists where the purchaser is claiming personal use. For N13 notices, we assess whether the proposed work truly requires vacant possession, whether proper building permits have been obtained, and whether the landlord has complied with the right of first refusal requirements under s. 53. Each defence is tailored to the specific facts and applicable law.
Our lawyers offer a 15-minute 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
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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.
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privacy@lexaltico.com
+1 416 333 6200
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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.
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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.
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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.
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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.
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