Dealing with a tenant who refuses to leave your property can be a stressful and frustrating experience. As a landlord, you have responsibilities to your tenant, but you also have rights that protect your property and financial interests. In Ontario, you cannot simply remove a tenant from your property. You must follow a precise legal process to secure an eviction order.
While our previous comprehensive guide to evictions in Toronto offers a high-level overview of the eviction process in Toronto, this blog dives deeper into the practical, step-by-step experience landlords across Ontario face when a tenant refuses to vacate. We'll break down exactly what happens at each stage—from serving notice, to filing with the Landlord and Tenant Board (LTB), to enforcing an eviction order through the Sheriff. You'll also learn why legal representation can be the deciding factor between a delayed dismissal and a successful outcome. If you're dealing with a challenging tenant situation, this guide gives you the full picture of your rights—and your responsibilities—as a landlord in Ontario.
The First Step: Serving a Notice of Termination
The legal eviction process begins with a formal Notice of Termination. The type of notice you serve depends on the reason you are seeking to end the tenancy. In Ontario, all notices must be delivered using the proper forms from the Landlord and Tenant Board (LTB).
- Non-Payment of Rent: Use a Form N4. This notice gives the tenant a specific period to pay their rent or vacate the property.
- Renovictions: For major renovations requiring the unit to be vacant, you must serve a Form N13. To understand the legal landscape around "renovictions," you can refer to our blog Protecting Tenants from Renovictions: New By-laws and Regulations Across Ontario Cities.
- Landlord's Own Use: If you or a family member is moving in, you must serve a Form N12.
Even if you have a valid reason for eviction, the tenant is not legally required to move out until the Landlord and Tenant Board (LTB) issues a formal eviction order.
The Second Step: Applying to the Landlord and Tenant Board
If the tenant does not comply with the Notice of Termination, your next step is to file an application with the LTB. This is the official legal channel for resolving eviction disputes.
The LTB will schedule a hearing where both you and the tenant will have the opportunity to present your case. This is where the legal process becomes crucial, as you must be prepared with:
- A correctly completed application form and the required fee.
- All relevant evidence, such as copies of the notice, lease agreements, and records of communication.
- A clear and compelling argument for why the eviction should be granted.
Errors in your application or a lack of proper documentation can result in your case being dismissed, forcing you to start the process all over again.
What to Expect at an LTB Hearing
At the hearing, an LTB adjudicator will hear from both parties. If the tenant fails to show up, the adjudicator may issue an order in their absence. If both parties are present, you will need to present your evidence and a convincing case.
The LTB also has the discretion to refuse or delay an eviction order, even if you have a valid reason. They will consider the circumstances of the tenant and the impact on their well-being. This is where having a skilled landlord lawyer Toronto becomes invaluable. A lawyer can make sure your case is presented professionally and effectively, significantly increasing your chances of a successful outcome.
The Final Step: Enforcing the Eviction Order
If the LTB rules in your favor, they will issue an eviction order that gives the tenant a specific date to move out. If the tenant still refuses to leave by that date, the landlord cannot remove them or change the locks.
Instead, you must file the order with the Sheriff's Office (officially known as the Court Enforcement Office) to have the order legally enforced. The Sheriff is the only person in Ontario with the legal authority to physically remove a tenant from a rental property.
Why You Need a Landlord and Tenant Lawyer
The eviction process is filled with legal complexities and strict requirements. A small mistake can cause significant delays, costing you time, money, and a great deal of stress. An experienced landlord and tenant lawyer toronto can help you:
- Ensure all forms are completed and filed correctly.
- Gather and present the best possible evidence for your case.
- Navigate the hearing process and argue effectively on your behalf.
In addition to property damage and eviction, a lawyer can also assist with other legal requirements. For example, to stay compliant with local regulations, you may need to understand Toronto's new licensing for multi-tenant houses by-law.
Protecting Your Property and Your Rights
Don't let a difficult situation with a tenant jeopardize your property or financial stability. Understanding the legal process is the first step toward a solution. The keys to success are thorough documentation and a clear, well-supported claim.
For a full explanation of the eviction process, including all the forms and notices, you can refer to the official guides on the Landlord and Tenant Board website. If you need a legal partner to help you through this challenging time, we invite you to contact our team for a consultation. Our experienced lawyers can provide the expert guidance you need to ensure a smooth and successful outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
