A Guide to the Eviction Process in Ottawa, Ontario

Key Takeaways

• Ontario landlords cannot evict tenants or change locks without an official order from the Landlord and Tenant Board.
• Rental laws are strict, and even small errors in notices or forms can delay or invalidate an eviction.
• Following the Residential Tenancies Act step by step is essential to avoid setbacks, protect your investment, and stay compliant.

Ontario landlords cannot remove tenants or change locks without an order from the Landlord and Tenant Board. Rental laws are strict, and small errors in notices can invalidate applications. Following the Residential Tenancies Act step by step is crucial to avoid setbacks, protect investments, and maintain peace of mind effectively.

To help you navigate these complex regulations, E & S Property Management put together this article. This guide provides a clear overview of the legal steps required to regain possession of your property while remaining compliant with provincial laws.

The Eviction Process in Ontario

Eviction in Ontario is handled through a formal process overseen by the Landlord and Tenant Board, ensuring fairness for both parties. Landlords must serve notice, file an application, attend a hearing, and secure an eviction order. Skipping steps, collecting security deposits, or attempting self-help actions like shutting off utilities is unlawful and penalized.

Notice for Lease Termination With Legal Cause

An Ontario landlord can evict a renter for various reasons. Such reasons include:

• Non-payment of rent in full or on time.
• Persistent late payment of rent over several months.
• Endangering the safety of other occupants in the building.
• Planned major repairs or renovations that require the unit to be vacant.
• Illegal activities occurring within the rental unit or residential complex.
• Interfering with the reasonable enjoyment of other tenants or the landlord.
• Extensive damage to the rental property caused by the tenant or their guests.
• The landlord, a close family member, or a caregiver requiring the unit for personal use.
• The landlord has sold the property and the purchaser requires the unit for personal use.

The type of eviction notice used is determined by the reason for the termination. Generally, there are three types of eviction notices given in Ontario:

• Non-Payment Notices (Form N4): This is used when a tenant owes rent. It gives the tenant a specific number of days to pay the arrears or move out.
• Fault-Based Notices (Form N5, N6, or N7): These are used for behavioral issues, such as damage, noise, or illegal acts. Some of these notices allow the tenant a “correction period” to fix the behavior, while others do not.
• No-Fault Notices (Form N12 or N13): These are used when the landlord needs the unit for personal use or major renovations. These notices typically require the landlord to pay compensation to the tenant.

Serving a Tenant With an Eviction Notice in Ontario

For month-to-month tenancies in Ontario, landlords must provide 60 days’ notice to end a tenancy for valid legal reasons permitted by law, such as personal use, and cannot terminate solely because a fixed term expired.

If a lease is fixed-term, landlords must wait until it ends to terminate for no-fault reasons. Notices must state intent not to renew and a valid legal ground. In Ontario, tenancies convert to month-to-month, so a lawful reason is required and may be adjudicated by the Landlord and Tenant Board.

Tenant Eviction Defenses in Ontario

The defense is a reason why you (the petitioner) should not win the case. During a hearing at the Landlord and Tenant Board, a tenant may claim:

• The landlord served the wrong notice or filled out the form incorrectly.
• The tenant paid the rent arrears in full before the landlord filed the application.
• The landlord is retaliating against the tenant for complaining about maintenance or joining a tenant association.
• The landlord has failed to maintain the property in a good state of repair, and the tenant is withholding rent as a result.
• The landlord’s claim of needing the unit for “personal use” is not in good faith.

Attending Court Hearing

Hearings before the Landlord and Tenant Board in Ontario are often virtual, with both parties expected to attend. If the tenant loses, an eviction order is issued. For non-payment cases, tenants can still prevent eviction by paying all arrears and applicable costs up until enforcement.

An eviction order will be enforced if no payment or settlement is made by the deadline. If the tenant succeeds, they remain in the unit. If they fail to attend, the Landlord and Tenant Board may issue a default order in the landlord’s favor, provided proper service is proven.

Writ of Possession

If a tenant remains after the ordered move-out date, a Writ of Possession may be issued by the Landlord and Tenant Board in Ontario. The landlord files this with the Court Enforcement Office (Sheriff’s Office), which then has the authority to schedule and carry out the eviction.

The Landlord and Tenant Board delegates the physical eviction to the Sheriff’s department. The landlord is required to select a date when the sheriff is available, which is usually a 2-week to 4-week wait depending on the region and the current backlog of the enforcement office.

The Eviction

After the Writ of Possession is processed by the Sheriff, an officer will attend the property to return possession to the landlord and ensure the tenant vacates. The landlord may then enter and should promptly change the locks to prevent any unauthorized re-entry.

After eviction in Ontario, tenants have 72 hours to retrieve belongings stored nearby; afterward, landlords may dispose of, keep, or sell under rules overseen by the Landlord and Tenant Board. 

Bottom Line

The eviction process in Ontario is structured, time-sensitive, and document-driven. From serving notices like N4 or N12 to attending a virtual hearing at the Landlord and Tenant Board, each step must be precise. Only a Court Enforcement Officer can physically remove a tenant, making proper compliance essential for effective dispute resolution.

E & S Property Management can help landlords with the above by handling the entire process on your behalf. We specialize in screening for high-quality tenants to prevent these issues before they start, but if an eviction becomes necessary, we manage the paperwork, filings, and communication required to regain your property. 

Let us take the stress out of property ownership and ensure your rental business remains profitable and compliant. Contact E & S Property Management today to learn how we can protect your investment.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.