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When Can a Landlord Evict a Tenant in Ontario? (2025 Guide for Tenants & Landlords)

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Key Takeaways

  • Landlords in Ontario can only evict tenants for specific, legally defined reasons such as non-payment of rent, causing property damage, engaging in illegal acts, or requiring the unit for personal use.

  • Every eviction must follow a strict legal process, which includes serving the correct notice form and getting an official eviction order from the Landlord and Tenant Board (LTB).

  • A tenant cannot be physically forced to leave their home without a formal eviction order issued by the LTB and enforced by a Sheriff.

  • Contrary to popular belief, evictions can occur during the winter months in Ontario, provided the landlord follows all legal procedures.

  • Tenants have a fundamental right to dispute any eviction notice by presenting their case at an LTB hearing.

Rental in Ontario is more lively and complicated than before. Both the landlords and the tenants are facing a lot of problems as the demand is increasingly shifting, and the regulations are also becoming more dynamic. It is on this background that the issue of tenant eviction in Ontario has become a critical point of concern, with a noticeable increase in filings across the province. It is no longer important to know the regulations as far as the legal termination of a tenancy can be scheduled and performed; it is essential to preserve your rights and have a stable financial situation.

This handbook is meant to become your full-scale guide to the evictions legislation in Ontario, 2025. If you are a landlord who wants to get rid of strangers occupying your residential premises or a tenant who has been left wondering where to spend the night, this paper will guide you through the legal environment of the Residential Tenancies Act (RTA). We shall discuss when eviction is justified, the obligatory legal action, rights of tenants, as well as defenses and who to approach to be fully informed and armed.

Can a Landlord Evict a Tenant in Ontario Without Cause?

The most frequent confusion point is the question, whether a landlord may just wish to terminate a tenancy without any valid reason. The response is obvious, no. To legally evict a tenant in Ontario, the landlord must have a lawful cause as specified in the Residential Tenancies Act. Embraced in the law are two main types of reasons, namely, the fault-based and the no-fault evictions.

  • A fault-based eviction (or "for-cause" eviction): It only happens when the tenant has breached the conditions of the lease he signed or his duties under the RTA. This can involve anything, such as rent defaulting or destruction of the property.

  • No-fault eviction: It is when the landlord wants to terminate the tenancy for reasons that are not connected to the conduct of the tenant. This normally includes the landlord requiring the use of the property on their behalf, for an interested buyer, or major remodeling. In these so-called no-fault reasons, the landlord has to have a worthy reason that is legally recognized. They cannot just put out a tenant so as to get a tenant who will be willing to pay a higher rent.

The most important thing is that a landlord is never in a position to simply state on a unilateral basis that he or she is terminating a tenancy. Crucially, every Landlord and Tenant Board eviction must be officially sanctioned by the LTB, the independent tribunal that settles these disputes. This necessity dictates that all tenants are entitled to a reasonable hearing, after which they should be evicted from their homes.

Legal Reasons a Landlord Can Evict a Tenant in Ontario

The RTA provides an exhaustive list of legal grounds for evicting a tenant. There is the choice of the landlord to find the right reason and provide the tenant with the related official form presented by LTB.

Understanding a Fault Eviction

The tenant's actions or inaction trigger these evictions:

  • Non-payment of rent: This is the most frequent cause of eviction. Using a service to automate rent payments can create a clear record and prevent disputes that lead to an N4 notice.

  • Persistent late payment of rent: A continuous trend of late payment of rent, even upon subsequent payment of rent in full, can also qualify one to be evicted.

  • Damage to the property: A tenant, his/her visitor, or one of the occupants in the property wittingly or inadvertently damages the property beyond normal wear and tear, then the tenant may be evicted. This is beyond wear and tear.

  • Illegal activity: It is a big violation and a reason to terminate the contract when a rental unit or the rental property is used or allowed to be used to conduct an illegal trade, business, or action.

  • Interference with others' enjoyment or safety: Obstructing the pleasure or safety of others: Acts that impair the acceptable pleasure another person/people use of the property, or something that irreversibly causes impairment of the safety of anyone, may also lead to eviction.

Understanding a No-Fault Eviction

These evictions are based on the landlord's specific intentions for the property:

  • Landlord or family needs the unit: The landlord can terminate a tenancy in cases where the landlord or a member of the immediate family (parent, spouse, child) or caregiver to any of those two individuals requires use of the unit on a personal basis. They are required to have an intention to live there for at least a year.

  • Planned major renovations or demolition: The landlord can issue an eviction notice, in case he plans a serious renovation or demolition of the unit, or plans to make the unit a non-residential use. In case of renovations, tenants will be given the privilege of first refusal of re-entry at the original rent.

  • Buyer of property requires vacant possession: Buyer of property seeks vacant possession: In cases, the landlord sells the property in cases where the new buyer advises to occupy the unit as his house, termination of tenancy is possible. This is done through a signed Agreement of Purchase and Sale.

The table below outlines common eviction reasons with their corresponding LTB forms and notice periods:

Eviction Reason LTB Form Required Notice Period
Non-payment of Rent N4 14 days (7 days for daily/weekly tenancies)
Causing Damage or Interference N5 20 days (first notice in 6 months)
Illegal Acts or Impairing Safety N6 10 days
Landlord's Own Use N12 60 days
Demolition, Conversion, or Renovations N13 120 days

How Much Notice Is Required Before Eviction in Ontario?

The required notice period for an eviction notice in Ontario varies considerably depending on the reason for the eviction. A notice period may be as low as 10 days (which applies to serious problems such as an illegal act and up to 120 days (major repairs, heavy restorations, and so on) as pictured in the table above. The law demands that the landlords must give the maximum notice indicated in the RTA.

It is also important that tenants realise that getting an eviction notice is not an eviction order. You do not have to move out by the date of termination stated in the form, which is legally binding. The notice only acts as the initial end of a long-drawn legal procedure. It tells you the intention of the landlord and why the landlord did what he did.

In case you object to the notice or feel that the landlord is acting in bad faith, you are entitled to stay in the unit awaiting a hearing before the Landlord and Tenant Board. The landlord may not even continue with the eviction until he/she file an application at the LTB and an adjudicator has gone through the case and issued a formal order.

Are Winter Evictions Legal in Ontario?

There is the myth that tenants cannot be evicted during the winter. This is incorrect. A winter eviction in Ontario is legal, provided the landlord follows every step of the proper legal process. No law exists that allows for to eviction a tenancy illegally because of the time of year or weather conditions.

Nonetheless, eviction, when the season may or may not be taken into account, must unconditionally be done by the due process as stipulated in the Residential Tenancies Act. A property owner should obtain a legal ground, follow the LTB notice, and get an LTB eviction order. When no tenant vacates their tenancy after receiving an order, a Sheriff has the sole right under the law to enforce an eviction.

Although the LTB is to act by the law, the adjudicator does have some discretion under Section 83 of the RTA. They may consider all the facts and may decide not to enforce an eviction order in the same way where it would be almost unfair or would result in undue hardship, which can even include harsh winter weather. But this is not always the case, and the eviction itself is legitimate.

What’s the Legal Eviction Process in Ontario?

The eviction process is standardized and must be followed precisely. Any misstep by the landlord can result in their application being dismissed by the LTB.

  1. Serving the Notice: The lessor should provide the tenant with the written Notice of Termination (correspondence must be written in the proper form: e.g., N4, N12). This is the announcement that has to mention why it is evicting and give a date of termination.

  1. Tenant Response Time: Once the notice is received, the tenant is given a timeline to react. In case of certain notices (like an N4 for non-payment), the tenant can void the notice by correcting the issue. Having a documented payment history from a platform like TenantPay provides indisputable proof that rent has been paid. In any of the instances, the tenant will have the option of challenging the eviction.

  1. Filing with the Landlord and Tenant Board: In the case where the tenant does not leave or does not repair their problems, the landlord has the right to apply to the LTB to hold a hearing. This application may not be filed earlier than one hour lapse of the notice.

  1. LTB Hearing: The LTB will address a hearing, during which both the tenant and the landlord are allowed the opportunity to present their case, present their evidence, and produce witnesses. They can be represented by lawyers.

  1. Issuing an Eviction Order: An adjudicator at an LTB will consider the pieces of evidence and give a binding order. The order will be a grant to the eviction of a date by which the eviction will work in case of the order or not allow the application of the landlord.

  1. Sheriff-Enforced Eviction: In an event where the tenant fails to complete the eviction notice and move out of the property as required by the due date, then the landlord is not required to take his or her own actions. They should provide this LTB order to the Court Enforcement Office, and physically evict the tenant; they may only do it throughthe  Sheriff.

Tenant Rights and Eviction: What to Do If You Receive a Notice

Receiving an eviction notice can be incredibly stressful, but it's important to act calmly and know your rights.

First, don't panic. A notice is not a final eviction. It is the start of a legal conversation. You do not have to move out by the date on the form. Read the notice carefully to understand the reason your landlord is giving and the timeline you have.

Your most important right is the right to a hearing. You can and should attend the LTB hearing to present your evidence and challenge the landlord's claims. For example, you can provide proof of rent payment, show photos that dispute claims of damage, or argue that a "landlord's use" eviction is being done in bad faith.

It is highly recommended to seek support. Free legal advice is available from various sources:

  • Legal Aid Ontario: Assists low-income individuals.

  • Community Legal Clinics: Offer free legal services across the province.

  • Tenant Advocacy Organizations: Groups dedicated to protecting tenant rights can offer guidance and support.

If you believe your landlord is trying to evict you illegally or has harassed you, you can also file your application with the LTB (Form T2: Application about Tenant Rights).

What Happens If a Tenant Refuses to Leave After an Eviction Order?

Even after the LTB has issued an official eviction order, a landlord's power is limited. If the tenant does not vacate the premises by the date specified in the order, the landlord cannot personally remove them.

An illegal eviction in Ontario occurs when a landlord takes matters into their own hands. It is against the law for a landlord to change the locks, cut off utilities, remove the tenant's belongings, or use threats and intimidation to force a tenant out. These actions are serious offenses under the RTA.

The only legal way to enforce an eviction order is by filing it with the Court Enforcement Office. A Sheriff will then schedule a date to come to the property and legally require the tenant to leave, overseeing the removal of their possessions. This final step ensures that the process is carried out by a neutral officer of the court.

Resources & Where to Get Help

  • Landlord and Tenant Board Ontario

  • Ontario Legal Aid Services

  • Community Legal Clinics

  • Tenant Advocacy Organizations

Final Thoughts: Know Your Rights, Respect the Law

The relationship between a landlord and tenant is built on mutual rights and responsibilities. While the process of evicting a tenant is a difficult reality of the rental landscape, the law provides a clear and structured process for both parties. For landlords, this means following every step with precision and acting in good faith. For tenants, it means understanding your robust rights and knowing how to defend them.

Always prioritize clear communication and document everything, from rent payments to notices and repair requests. By knowing your rights and respecting the law, you can navigate even the most challenging rental situations with confidence.

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Visit TenantPay to streamline your payments and secure your peace of mind today.

FAQs: Ontario Eviction Laws (2025)

1. Can a landlord evict without a reason?

No. In Ontario, a landlord must have a legal reason for eviction as specified in the Residential Tenancies Act.

2. How to evict a tenant immediately in Ontario?

Immediate eviction is not possible in Ontario, as landlords must follow a legal process involving formal notices and an order from the Landlord and Tenant Board (LTB). For severe issues like illegal acts, the process is faster but never instantaneous.

3. How quickly can a landlord evict a tenant?

The eviction process in Ontario typically takes several weeks to months, factoring in mandatory notice periods, LTB hearing dates, and potential enforcement by a Sheriff.

4. On what grounds can you evict a tenant in BC?

In British Columbia, a landlord can evict a tenant for reasons such as unpaid rent, causing damage, disturbing others, or if the landlord or a close family member intends to move into the unit. The process is governed by BC's Residential Tenancy Act and requires specific notices.

5. How to evict a tenant in Ontario without a lease?

Even without a formal written lease, a tenancy agreement exists, and the landlord must follow the full legal eviction process outlined in the Residential Tenancies Act. The same rules for notices and LTB approval apply.

6. How many months' quit notice to evict a tenant?

The required notice period in Ontario varies by the reason for eviction, ranging from 10 days for illegal acts to 60 or 120 days for "no-fault" reasons like the landlord's own use or demolition. There isn't a universal notice period.

7. Can a landlord evict a tenant in the winter?

Yes, a landlord can legally evict a tenant during the winter in Ontario, as long as they follow the complete legal process and obtain an eviction order from the LTB.

8. How to evict a tenant from an illegal basement apartment?

Even if an apartment is illegal, the occupant is protected by the Residential Tenancies Act, and the landlord must follow the standard eviction process. The illegality of the unit does not permit a landlord to bypass the LTB, though it can be a factor in the Board's decision.

9. Can you evict a tenant in winter in Alberta?

Yes, winter evictions are legal in Alberta, provided the landlord follows the correct legal procedures set out by the province's tenancy laws. There are no specific rules that halt evictions during cold weather.

10. When can a landlord evict a tenant in Ontario?

A landlord in Ontario can evict a tenant only for specific reasons laid out in the law, such as non-payment of rent, causing damage, illegal activity, or for the landlord's personal use of the property.

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