The critical rule: all evictions go through the LTB
Under the Residential Tenancies Act, 2006 (RTA), no landlord may evict a tenant by any means other than a Landlord and Tenant Board (LTB) order. This means:
You cannot change the locks while the tenant is living there
You cannot remove or restrict access to utilities (heat, electricity, water)
You cannot remove the tenant's belongings
You cannot harass or intimidate a tenant to leave
Even after an order is granted, only the Sheriff can physically enforce it — not the landlord
An illegal lockout can result in the LTB ordering the landlord to pay the tenant's moving costs, temporary accommodation costs, and up to 12 months rent as a remedy.
Common eviction grounds and the corresponding forms
| Reason for Eviction | Notice Form | LTB Application |
|---|---|---|
| Non-payment of rent | N4 | L1 |
| Interference with landlord / other tenants / property | N5 | L2 |
| Illegal act | N6 | L2 |
| Serious impairment of safety | N7 | L2 |
| Persistent late payment of rent | N8 | L2 |
| Landlord's own use (landlord moving in) | N12 | L2 |
| Demolition, conversion, major repairs | N13 | L2 |
The non-payment eviction process: step by step
Non-payment of rent (N4/L1) is the most common eviction type. Here is how it works:
Day 0
Serve the N4 Notice
Complete the N4 form specifying the amount of rent owed, the period it covers, and the termination date (at least 14 days after service for monthly tenancies). Serve by personal delivery, leaving in mailbox, or registered mail.
Days 1–14
14-day remedy period
The tenant has 14 days to pay the full amount owed or vacate. If the tenant pays, the N4 is void. If they pay and this is not the first N4 for the same tenancy, you may be able to proceed anyway — check with a lawyer.
Day 15+
File L1 Application with LTB
If the tenant has not paid and not vacated, file the L1 Application to Evict a Tenant for Non-payment of Rent. File online via the LTB portal or in person at an LTB office. Pay the filing fee (~$201 as of 2026).
2–4 months after filing
LTB schedules a hearing
The LTB schedules a hearing. Current wait times vary significantly — hearings may be months away. The LTB serves the hearing notice on both parties. Review it carefully for instructions.
Hearing date
Hearing
Both parties present their case. For non-payment, the landlord proves the rent was owed and not paid. The tenant may raise defences (maintenance issues, Rent Geared to Income, harassment). The LTB Member issues an order — often conditional, giving the tenant one last chance to pay.
Post-hearing
Order and void period
A standard non-payment order gives the tenant 11 days to pay. If they pay the full amount (rent owed plus LTB fees), the order is void. If they do not pay, the order becomes enforceable.
After void period
Enforcement: Sheriff's warrant
File a Request to Enforce an Order with the Court Enforcement Office (Sheriff). Pay the fee (~$50–$75). The Sheriff schedules a date to attend and physically remove the tenant. Only the Sheriff can do this — the landlord cannot.
Common landlord mistakes that delay evictions
✗ Incorrect rent amount on the N4
Fix: The N4 must show the exact rent owing. Overstating or understating the amount can invalidate the notice. If the tenant has made partial payments, the N4 must reflect only what is actually unpaid.
✗ Wrong termination date on the N4
Fix: The termination date must be at least 14 days from the date the notice is served (for monthly tenancies). Count carefully. An incorrect date is grounds for the tenant to challenge the notice at the hearing.
✗ Service errors
Fix: The N4 must be served by a permitted method: personal delivery, placing in the mailbox, or registered mail. Email and text message are not permitted service methods without the tenant's prior written consent. Improper service = invalid notice.
✗ Filing the L1 too soon
Fix: You cannot file the L1 until the 14-day remedy period has expired and the tenant has neither paid nor vacated. Filing too early will likely result in the application being dismissed.
✗ Not attending the hearing prepared
Fix: Bring the lease, all payment records, the N4, and proof of service. The LTB expects landlords to have their evidence organized. An unprepared landlord may receive a conditional order that benefits the tenant.
For Ontario landlord-tenant lawyers: managing LTB files with Atticus
High-volume LTB practice means managing dozens of files with similar timelines — N4 dates, hearing dates, order deadlines, and enforcement steps. Atticus supports landlord-tenant lawyers with:
- Deadline tracking: diarize N4 service date, 14-day expiry, L1 filing date, and hearing date automatically
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- Matter templates: LTB matter with pre-populated checklist from N4 through enforcement
- AI Draft: cover letters, hearing submissions, and enforcement requests
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