How Does a Landlord Evict a Tenant in Ontario?

1. Give Tenant Written Notice
   

   In most situations, the landlord will serve a written notice to the tenant informing them that their lease will be terminated. Landlords must use a legal notice from the Board to achieve this goal. There are many different forms depending on the specific reason for eviction, which is explained later. The document highlights the reason for removal and a particular date to vacate the property. If the tenant complies with the reason for eviction before the date, it may prevent their tenancy from coming to an end. This is known as a tenant's remedy. Additionally, each reason for termination has a minimum time frame the landlord must wait before applying to the Board

   COVID-19 Update: Landlords are encouraged to strike fair agreements to retain renters in their apartments throughout Covid. This may include delaying rent or other payment arrangements.

The Fastest Way to Evict a Tenant in Ontario

The fastest way to evict a tenant in Ontario is to buy them out of their lease. This is known as “cash for keys”. Although this seems counter-intuitive to pay a tenant for not paying you rent, the whole eviction process can take over 160 days and cost over $10,000. It is much faster to agree to pay the tenant 1-2 months rent in exchange for leaving at the end of the current month.

2. File an Application with the Landlord Tenant Board (LTB)

   If the tenant fails to correct the problem or move out, the landlord can ask the Board to terminate the tenancy. Most applications must be made within 30 days of a notice's scheduled termination date. However, there is no deadline for requesting a termination of a lease due to non-payment of rent.

   COVID-19 Update: The Landlord and Tenant Board's official counters are closed, but many types of applications may be submitted online.

3. Attend the Hearing

   In most situations, the Board schedules a hearing to evaluate the landlord's request. It will send a Notice of Hearing to the landlord(s) and tenant(s) along with a copy of the application.

   However, the LTB may order the landlord to provide these documents to the tenant on occasion. If the landlord must serve the papers, the LTB will issue an "Order to Serve Documents," instructing them what documents to serve and when to service them. There are strict rules about how these papers should be served. There are two types of hearings:

   • Telephone/Video Hearing: Both Parties give evidence and explain their position by phone or video link during the hearing.
   • Written Hearing: Both parties explain their position and provide supporting documents. The Board considers the explanations and reviews documentation to make a decision.

   However, instead of a hearing, the landlord and tenant may opt for mediation. Mediation is a free service provided by the LTB where a neutral third party helps the landlord and tenant come up with solutions. Mediation can also include issues that were not included in the board application.

Costs of Evicting a Tenant

Legal Fees	$2,000
Court Fees	$175
Sheriff Fees	$400
Lost Rent	$9,063
Total	$11,638

Ontario landlords pay roughly $2,600 out of pocket when evicting a tenant. This amount includes legal, court, and sheriff fees. However, when factoring in lost rent, landlords lose an additional $9,000 on average. This amounts to $11,500 in costs per eviction in Ontario. Given the high fees, some landlords consider rental income insurance to guarantee they receive rent payments if their tenant doesn’t pay.

Source: SingleKey
4. Eviction Order
   

   A Board member will review the landlord's request to terminate the tenancy and decide whether or not the tenant should be evicted. The decision is called an order and is made in writing by a Board member. Both the landlord and tenant will receive a copy of the order via postal service. The order may include terms or conditions that a party must adhere to. For example, the board member could decide that the tenancy should be terminated or that repairs must be made to the rental unit. In some cases, the eviction order can be voided. For example, if an eviction order was issued due to non-payment of rent, the tenant has the option to pay before a deadline. If the tenant pays for missed rent before the deadline, they can file a motion, and a board member could void the eviction.

5. Enforcing the Order

   Some tenants may attempt to stay in the unit after the eviction date. A landlord cannot enforce an eviction order personally and must rely on a Court Enforcement Office (also known as the Sheriff's Office). To enforce an eviction, the landlord must file the LTB's order with the Sheriff's Office, which will lawfully remove the tenant. It is illegal for the landlord to remove a tenant by changing locks or any other personal means - they must use the Sheriff's Office.

   COVID-19 Update: On June 2nd, 2021, the pause on eviction enforcement was lifted. During COVID, landlords were unable to enforce the removal of tenants, but this is no longer the case.

As there are many reasons to evict a tenant, there are many forms depending on the circumstance. The landlord provides a tenancy termination date on the notice, but the tenant does not have to move out. If the tenant remains after the period, the landlord can apply to the LTB for a formal eviction. Here are some of the most common eviction forms and when to use them. However, please note that this is not an exhaustive list.

To learn more about which form to use, landlords can use the Navigate Tribunals Ontario Tool to receive custom information.

One of the biggest challenges faced by landlords is when a tenant stops paying rent. This can create a stressful and frustrating situation, as it not only affects the landlord's income but also creates potential legal issues.

If you find yourself in this situation, the first step is to assess the reason behind the tenant not paying rent. It could be due to financial difficulties or personal reasons. In some cases, the tenant may have simply forgotten to pay, or there could be a misunderstanding.

Regardless of the reason, it is important to address the issue immediately and take appropriate action. Here are some steps you can take when a tenant stops paying rent.

1. Communicate with your tenant

   The first step is to communicate with your tenant and try to understand their perspective. It is possible that they are facing financial difficulties and may need some time to catch up on their rent payments. By having an open and honest conversation, you may be able to come up with a solution that works for both parties.

2. Send a written notice

   If the tenant continues not to pay rent, it is important to send them a written notice stating the amount of rent owed and the date by which it should be paid. This notice can serve as proof in case of future legal action.

3. Consider offering a payment plan

   In certain situations, it may be beneficial to offer the tenant a payment plan to catch up on their missed rent payments. This can help ease their financial burden and also ensure that you receive the full amount owed to you.

4. Seek legal advice

   If the tenant still refuses to pay rent or is unresponsive, it may be necessary to seek legal advice and take further action. This could include eviction proceedings or filing a lawsuit for unpaid rent.

5. Secure the property

   In cases where the tenant has completely stopped paying rent and has abandoned the property, it is important to secure the property and change the locks to prevent any potential damage or unauthorized entry.

   A way to avoid this hassle is to get rent protection from providers such as SingleKey. This can help alleviate some of the financial burden and stress that comes with non-paying tenants.

   With SingleKey, if your tenant misses a payment, SingleKey will pay your rent for up to 12 months. They’ll also help to remove the tenant from the property, as well as cover damage to the property for up to $10,000 and legal fees during eviction for up to $1,500. You can get SingleKey’s Rent Guarantee for both new and existing tenants.

   Learn more about SingleKey’s Rent Guarantee Program

   Learn more about SingleKey’s Rent Guarantee Program

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How much notice do landlords have to give before eviction from rented property in Ontario?

Each type of eviction form requires a different amount of time before the landlord can formally apply to evict the tenant through the LTB. In general, the time frames range from 7-60 days of notice. It is best to review the form instructions.