- the tenant agrees to move, or
- the tenant does not agree with the landlord’s notice, the landlord applies to the LTB , and the LTB issues an eviction order.
If the landlord gives a tenant notice to end the tenancy and the tenant does not move out, the landlord can apply to the LTB for an order evicting the tenant. The tenant has the right to go to a hearing and explain why they should not be evicted or ask for more time to move out.
Landlord cannot lock tenant out of the rental unit
It is illegal for a landlord to change the locks to a rental unit or the building without giving the tenant a key for the new locks. The only exceptions are:
- The locks are changed because the tenant has been evicted by the Sheriff, or
- The landlord is sure that the tenant has abandoned the unit.
It is an offence for a landlord to illegally lock a tenant out of their rental unit or the building. If a landlord is convicted in Provincial Court under the Provincial Offences Act, they could be fined up to $50,000 if the landlord is an individual, or $250,000, if the landlord is a corporation.
If a tenant is illegally locked out and if the unit is still vacant, the tenant can apply to the LTB for an order that requires the landlord to let the tenant back into the unit.
Agreement to End a Tenancy
Landlord and tenant can agree to end the tenancy
A landlord and tenant can agree to end the tenancy at any time, even during the term of a lease. They can make an oral agreement to end the tenancy, but it is best to have a written agreement. This way, if there is any confusion about the agreement, both the landlord and tenant have a written copy to refer to. Written agreements should be signed by all the tenants. You can use the N11: Agreement to End the Tenancy.
A landlord cannot require a tenant to agree to end a tenancy, or to sign an agreement to end the tenancy at a later date. There are certain exemptions to this rule for student housing and care homes.
If tenant changes their mind
If a tenant agreed with the landlord to end the tenancy and later changes their mind, the tenant can ask the landlord if they will consent to a new agreement allowing the tenancy to continue.
If the landlord and tenant don’t make a new agreement, and the tenant refuses to leave, the landlord can apply to the LTB for an order to evict the tenant.
Important: In this situation, the landlord can apply to the LTB for an eviction order without giving the tenant notice. The tenant will not know about the application until they receive the eviction order from the LTB . The tenant has 10 days from when they receive the order to apply to the LTB to stop the eviction if the tenant believes that the eviction order should not have been made.
Notice to End a Tenancy
Landlord must give proper notice
A landlord can only end a tenancy for one of the reasons allowed by the Act.
In most cases, the first step is for the landlord to give the tenant a notice in writing that they want the tenant to move out.
A landlord must use the proper form to give notice to end the tenancy There are different notices for different reasons. These notices are available at tribunalsontario.ca/ltb/forms.
Landlords must use the correct notice and fill it out completely and accurately to ensure that the tenant receives all the information that the Act requires. If the landlord does not give the tenant all the required information, the notice may be void. If the landlord files an application to evict the tenant based on an incomplete or incorrect notice, the application may be dismissed.
Reasons for ending a tenancy
The Act allows a landlord to give a tenant notice to end the tenancy early if the tenant, the tenant’s guest or someone else who lives in the rental unit does something they should not do, or does not do something they should. This is sometimes called ending a tenancy “for cause”.
Some examples of “for cause” reasons for ending a tenancy are:
- Not paying the rent in full
- Causing damage to the rental property
- Disturbing other tenants or the landlord
- Illegal activity in the rental unit or residential complex
There are also other reasons for ending a tenancy that are not related to what the tenant has done, or not done. These are sometimes called “no fault” reasons for ending a tenancy.
Some examples of “no fault” reasons for ending a tenancy are:
- The landlord plans to do major repairs or renovations that require a building permit and the work cannot be done unless the rental unit is empty
- The landlord requires the rental unit because the landlord, a member of the landlord’s immediate family or their caregiver wish to move into the unit
- The landlord has agreed to sell the property and the purchaser requires all or part of the property because the purchaser, a member of the purchaser’s immediate family or their caregiver wishes to move into the unit. (This reason for eviction only applies in rental buildings with three or fewer units or condominium units)
In most cases, the landlord must pay compensation to the tenant if they evict them for a “no fault” reason. The amount of compensation varies depending upon the reason and the number of units in the building.
A complete list of the Reasons a Landlord Can Apply to Evict a Tenant is provided at the end of this brochure.
When the landlord must give notice
In cases where the landlord must give notice to end a tenancy, the landlord must give the notice to each tenant before the termination date (the day the tenancy will end). The length of advance notice depends on the reason for ending the tenancy.
The brochure How to Serve a Landlord or Tenant with Documents explains how to give your tenant the notice.
The list of Reasons a Landlord can Apply to Evict a Tenant shows the amount of advance notice required for each reason.
Voiding a notice
In some cases, if the reason for ending a tenancy is for cause, a tenant can prevent the tenancy from ending by stopping the behaviour referred to in the notice, or by doing what the notice requests. This is called voiding a notice. The notice explains what the tenant needs to do to void the notice, and gives a deadline for the tenant to comply. If the tenant does what the notice asks them to do by the deadline, the notice to end the tenancy is void. The landlord cannot apply to the LTB to evict a tenant based on a void notice.
Other types of notices cannot be voided. That means that the tenant cannot do anything to void the notice to end the tenancy.
If the tenant does not move out after receiving a notice to end the tenancy, the landlord can file an application with the LTB to end the tenancy. The LTB will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can participate the hearing and explain their side of the story to an LTB adjudicator.
Applying to the LTB
Applying for approval to end the tenancy
A landlord can apply to the LTB for an order to end a tenancy if:
- The landlord gave the tenant a notice to end the tenancy
- The landlord and tenant have an agreement to end the tenancy
- The landlord wants to evict an unauthorized occupant
- The tenant gave the landlord a notice to end the tenancy
- The tenant breached a condition of an LTB order or mediated settlement and the order or settlement allowed the landlord to apply to end the tenancy
- The tenant abandoned the rental unit
- The tenant was the superintendent and the superintendent’s employment has ended
If the landlord gave the tenant a notice to end the tenancy that can be voided, the landlord cannot file an application with the LTB unless the tenant fails to correct the behavior referred to in the notice, or fails to do what the notice requested, by the deadline set out in the notice.
If the landlord gave the tenant a notice to end the tenancy that cannot be voided, the landlord can file their application as soon as they give the notice to the tenant.
Deadline to apply
In most cases, there is a deadline by which the landlord must file their application.
Most landlord applications must be filed within 30 days of the termination date set out in the notice or the agreement to terminate. However, there is no deadline for making an application to terminate a tenancy where the landlord has given the tenant a Notice to End a Tenancy Early for Non-Payment of Rent (N4).
The list of Reasons a Landlord can Apply to Evict a Tenant provided at the end of this brochure shows the deadline for filing each application.
The Hearing
A hearing will be scheduled, with exceptions
In most cases, the LTB will schedule a hearing to decide the landlord’s application, but there are exceptions. The LTB will not usually schedule a hearing if the application was made because the tenant:
- gave the landlord a notice to end the tenancy, or
- made an agreement with the landlord to end the tenancy, or
- breached a condition of an LTB order or mediated settlement and the order or settlement allowed the landlord to apply to end the tenancy without notice to the tenant.
- Video conference hearing: The adjudicator, the landlord and the tenant all participate in a video conference using an online service like Zoom. The landlord or tenant can also choose to participate in a video conference hearing by telephone.
- Telephone hearing: The adjudicator, the landlord and the tenant all participate over the telephone
- Written hearing: The landlord and tenant provide their evidence and submissions in writing by deadlines set by the LTB
- In-person hearing: The landlord and tenant appear in person before an adjudicator
The LTB will decide which type of hearing you will have.
The LTB will inform the parties about the hearing
In most situations, the LTB will issue a Notice of Hearing and email and/or mail it to the landlord and tenant along with a copy of the application. In some cases, the LTB may order the person who filed the application to give these documents to the other parties.
Tenant can dispute the application at the hearing
At the hearing, a landlord must prove that the tenant should be evicted. At the hearing, the tenant can explain why they should not be evicted, even if they have done something that is a reason for eviction.
Even if a landlord proves their case in an application to evict a tenant, the LTB must consider all the circumstances when deciding whether to refuse or delay the eviction. For more information, see Guideline 7 – Relief from Eviction.
The Decision
An LTB adjudicator will decide whether the tenant should be evicted or not.
The adjudicator’s decision is always put in writing. This written decision is called an order. The LTB will email or mail a copy of the order to both the landlord and tenant, and their representative, if they have one.
Eviction
Only the Sheriff can evict a tenant
If a tenant doesn’t leave the rental unit by the termination date in the eviction order, a landlord cannot personally enforce the order (remove a tenant from a rental unit or change the locks).
An eviction order can only be enforced by the Court Enforcement Office of the Superior Court of Justice (also called the “Sheriff’s Office”). The LTB does not enforce an order.
The landlord must file a copy of the LTB order with the Court Enforcement Office to have the order enforced. The Court Enforcement Office will charge the landlord a fee to enforce the order. To find your local Court Enforcement Office, visit the Ministry of the Attorney General’s Court Addresses page. From the “Choose a municipality” drop down, choose the municipality where your rental unit is located. Form the “Choose a court office” drop-down, select “Enforcement”.
Learn More
You can also read these related brochures:
- Collecting Money a Former Tenant Owes
- How a Tenant Can End Their Tenancy
- Important Information about Your Hearing
Reasons a Landlord Can Apply to Evict a Tenant
A list of reasons a landlord can end a tenancy follows. For each reason, the notice form, minimum notice period, and application form are listed. You may also want to visit Navigate Tribunals Ontario. The online tool asks you a series of questions about your situation and provides options to resolve your dispute.
- Abandoned rental unit
- Agreement to end the tenancy
- Breach of order or mediated settlement
- Ceases to qualify for subsidized housing
- Convert use to non-residential
- Condominium purchase failed
- Damage
- Demolition
- Employment terminated
- Illegal act or business
- Impairing safety
- Interference with enjoyment or other right
- Misrepresenting income
- Non-payment of rent
- Overcrowding
- Persistent late payment of rent
- Personal use by landlord
- Personal use by purchaser
- Repairs or renovations
- Superintendent’s employment ended
- Subtenant stays after sub-tenancy ends
- Tenancy for rehabilitative or therapeutic services has ended
- Tenant gave notice to end the tenancy
- Unauthorized occupant
Note: All the reasons listed above may also be reasons for ending a tenancy in a care home. There are, however, special reasons for ending a tenancy which apply only to care home tenancies. These special reasons are not covered in this brochure. For more information about the special reasons for ending a tenancy in a care home, see the LTB ’s brochure: Rules for Care Homes.
Abandoned rent unit
You can file this application online through the Tribunals Ontario Portal.
Agreement to end the tenancy
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant made an agreement with the landlord to end the tenancy. | Landlord may apply to the LTB without giving the tenant a notice. | None | Form L3 – Application to Terminate a Tenancy – Tenant gave Notice or Agreed to Terminate the Tenancy |
An eviction order is usually issued without holding a hearing.
Breach of order or mediated settlement
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant breached the conditions of an LTB order or mediated settlement, and the order or settlement allows the landlord to apply to end the tenancy if a breach occurs. | Landlord may apply to the LTB without giving the tenant a notice. | None | Form L4 – Application to Terminate a Tenancy – Tenant Failed to Meet Conditions of a Settlement or Order |
An eviction order is usually issued without holding a hearing.
Ceases to qualify for subsidized housing
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant no longer qualifies to live in public or subsidized housing. | Form N8 – Notice to Terminate a Tenancy at the End of a Term | 28 days (daily or weekly tenancy) |
60 days (all other tenancies)
You can file this application online through the Tribunals Ontario Portal.
Convert use to non-residential
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Landlord intends to change the rental unit to a non-residential use. | Form N13 – Notice to Terminate the Tenancy at the End of the Term for Conversion, Demolition or Repairs | 120 days notice |
1 year for mobile home parks or land lease communities, if tenant owns the home on the site
You can file this application online through the Tribunals Ontario Portal.
If the property has 5 or more units, the landlord must provide another rental unit acceptable to the tenant or give the tenant an amount equal to 3 months' rent.
If the property has fewer than 5 units, the landlord must provide another rental unit acceptable to the tenant or give the tenant an amount equal to 1 month’s rent.
If the tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith.
Condominium purchase failed
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant lives in a proposed condominium based on an agreement of purchase and sale and the agreement has been terminated. | Form N8 – Notice to Terminate a Tenancy at the End of a Term | 28 days (daily or weekly tenancy) |
60 days (all other tenancies)
You can file this application online through the Tribunals Ontario Portal.
Damage
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant, their guest or another occupant of the rental unit has wilfully or negligently caused undue damage to the rental unit or complex. | Form N5 – Notice to Terminate a Tenancy Early | 20 days (for 1st notice) |
You can file this application online through the Tribunals Ontario Portal.
- They repair the damaged property or pay the reasonable costs to repair it
- Or, if it is not reasonable to repair the damaged property, replace the damaged property or pay the reasonable costs to replace it.
You can file this application online through the Tribunals Ontario Portal.
A landlord must prove at the hearing that the person who caused the damage did so wilfully. In other words, that the person deliberately caused the damage. If the landlord cannot prove that the damage was wilful, the application will be dismissed.
You can file this application online through the Tribunals Ontario Portal.
Demolition
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Landlord intends to demolish the rental unit. | Form N13 – Notice to Terminate the Tenancy at the End of the Term for Conversion, Demolition or Repairs | 120 days notice |
1-year notice for mobile home parks or land lease communities, if tenant owns the home on the site
You can file this application online through the Tribunals Ontario Portal.
If the property has 5 or more units, and demolition was not ordered under another Act, the landlord must provide another rental unit acceptable to the tenant or give the tenant an amount equal to 3 months’ rent.
If the property has fewer than 5 units, and demolition was not ordered under another Act, the landlord must provide another rental unit acceptable to the tenant or give the tenant an amount equal to 1 month’s rent.
If the tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith.
Employment terminated
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant was an employee of an employer who provided the tenant with the rental unit during their employment, and the employment has ended. | Form N8 – Notice to Terminate a Tenancy at the End of a Term | 28 days (daily or weekly tenancy) |
60 days (all other tenancies)
You can file this application online through the Tribunals Ontario Portal.
Illegal act or business
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant or another occupant has committed an illegal act or carried on an illegal business involving the production of an illegal drug or trafficking of an illegal drug, or they allowed another person to do this in the rental unit or complex. | Form N6 – Notice to Terminate a Tenancy Early – Illegal Act or Misrepresentation of Income | 10 days | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money |
You can file this application online through the Tribunals Ontario Portal.
You can file this application online through the Tribunals Ontario Portal.
Impairing safety
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant, their guest or another occupant of the rental unit has seriously impaired the safety of another person in the rental complex. | Form N7 – 10-day Notice to Terminate a Tenancy Early | 10 days | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money |
You can file this application online through the Tribunals Ontario Portal.
Interference with enjoyment or other right
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| The landlord and tenant live in the same building that has 3 or fewer residential units and the tenant, their guest or another occupant of the rental unit has substantially interfered with the landlord’s reasonable enjoyment of the building or with another of the landlord’s lawful rights, privileges or interests | Form N7 – 10-day Notice to Terminate a Tenancy Early | 10 days | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money |
You can file this application online through the Tribunals Ontario Portal.
- Tenant, their guest or another occupant of the rental unit has substantially interfered with the reasonable enjoyment of the landlord or another tenant, or
- substantially interfered with another lawful right, privilege or interest of the landlord or another tenant.
You can file this application online through the Tribunals Ontario Portal.
- void the notice and stay in the unit if the tenant stops the activity that caused the landlord to give the notice, within 7 days, or
- dispute the application at the hearing.
Misrepresenting income
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant lives in a rent geared to income rental unit and has misrepresented their income or the income of a family member who lives in the unit. | Form N6 – Notice to Terminate a Tenancy Early – Illegal Act or Misrepresentation of Income | 20 days (1st notice ) |
You can file this application online through the Tribunals Ontario Portal.
Non-payment of rent
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant has not paid their rent. | Form N4 – Notice to End a Tenancy Early for Non- payment of Rent | 7 days (daily or weekly tenancy) |
You can file this application online through the Tribunals Ontario Portal.
- all the rent that is owed, plus
- any new rent that has come due.
Overcrowding
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| The number of people living in the rental unit is more than permitted by health, safety and housing standards. | Form N5 – Notice to Terminate a Tenancy Early | 20 days (1st notice) |
You can file this application online through the Tribunals Ontario Portal.
Persistent late payment of rent
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant has been persistently late in paying their rent. | Form N8 – Notice to Terminate a Tenancy at the End of a Term | 28 days (daily or weekly tenancy) |
60 days (all other tenancies)
You can file this application online through the Tribunals Ontario Portal.
The tenant does not have to owe rent at the time this application is made.
Personal use by landlord
- the landlord or the landlord’s spouse,
- a child or parent of the landlord or their spouse, or
- a person who provides or will provide care services for any of these people.
You can file this application online through the Tribunals Ontario Portal.
Application must be filed no later than 30 days after the termination date in the notice.
Application must include a completed Schedule B
The tenant can dispute the application at the hearing or move out of the unit on an earlier date if they provide at least 10 days written notice to the landlord.
The person who receives care services must reside in the same complex
Personal use by purchaser
- the purchaser or their spouse
- the purchaser’s child or parent
- the purchaser’s spouse’s child or parent, or
- a person who provides or will provide care services for any of these people.
You can file this application online through the Tribunals Ontario Portal.
Application must be filed no later than 30 days after the termination date in the notice.
The tenant can dispute the application at the hearing or move out on an earlier date if they provide at least 10 days written notice to the landlord.
The person who receives care services must reside in the same complex.
Repairs or renovations
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| The property has 4 or fewer residential units and the landlord intends to do extensive repairs or renovations that require a building permit and that the unit be empty during the work. | Form N13 – Notice to Terminate the Tenancy at the End of the Term for Conversion, Demolition or Repairs | 120 days’ notice |
Except: 1-year notice for mobile home parks or land lease communities, if tenant owns the home on the site.
You can file this application online through the Tribunals Ontario Portal.
A landlord cannot refuse the tenant’s request to re-occupy the unit and they can’t charge more than the tenant would be paying if they had not moved out.
If the tenant does not give written notice to the landlord that they intend to re-occupy the unit when the work is done, and the work was not ordered under another Act, the landlord must provide another rental unit acceptable to the tenant, or give the tenant an amount equal to 1 month’s rent.
If the tenant gives written notice that they intend to re-occupy the unit when the work is done and the work was not ordered under any other Act, the landlord must give the tenant an amount equal to the rent that the tenant would have paid while the repairs are being done, to a maximum of 1 month’s rent.
The tenant can dispute the application at the hearing or move out of the unit at an earlier date with at least 10 days written notice to the landlord, whether or not they exercise their right to re-occupy the unit when the work is done.
Except: 1-year notice for mobile home parks or land lease communities, if tenant owns the home on the site.
You can file this application online through the Tribunals Ontario Portal.
A landlord cannot refuse the tenant’s request to re-occupy the unit and they can’t charge more than the tenant would be paying if they had not moved out.
- provide another rental unit acceptable to the tenant, or
- give the tenant an amount equal to 3 months’ rent before the termination date in the notice.
If the tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith.
If the rental unit is a site in a mobile home park or land lease community, the landlord must give the tenant an amount equal to one year’s rent, or $3,000, whichever is less.
Superintendent’s employment ended
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant occupies the superintendent’s premises as a janitor, superintendent, caretaker, manager or security guard of a building or complex and they did not vacate within 7 days after their employment ended. | Landlord may apply to the LTB without giving the tenant a notice. | None | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money |
You can file this application online through the Tribunals Ontario Portal.
Subtenant stays after subtenancy ends
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| The landlord wants to evict an “overholding” subtenant because they did not move out after the agreed subtenancy period ended. | Landlord may apply to the LTB without giving the tenant a notice. | None | Form A2: Application about a Sublet or an Assignment |
Tenancy for rehabilitative or therapeutic services has ended
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant is occupying the unit specifically to receive rehabilitative or therapeutic services and the agreed tenancy period has ended | Form N8 – Notice to Terminate a Tenancy at the End of a Term | 28 days (daily or weekly tenancy) |
60 days (all other tenancies)
You can file this application online through the Tribunals Ontario Portal.
Tenant gave notice to end the tenancy
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant gave the landlord a notice to end the tenancy. | Landlord may apply to the LTB without giving the tenant a notice. | None | Form L3 – Application to Terminate a Tenancy – Tenant gave Notice or Agreed to Terminate the Tenancy |
An eviction order can be issued without holding a hearing.
Unauthorized occupant
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Landlord wants to evict an unauthorized occupant because the tenant transferred possession of the rental unit to another person without the consent of the landlord. | Landlord may apply to the LTB without giving the tenant a notice. | None | Form A2 – Application About a Sublet or an Assignment |
Application must be filed no later than 60 days after the landlord discovered the occupant living in the rental unit.
Contact the Landlord and Tenant Board
Call us:
Toll free: 1-888-332-3234
Toronto area: 416-645-8080
TTY: Bell Relay Service at 1-800-268-9242 Visit our website at tribunalsontario.ca/ltb
Map a solution to your dispute: Navigate Tribunals Ontario
Last updated: September 2021
