Frequently Asked Questions (About Evictions)

  • Q – When can a landlord evict a tenant?
  • A – A landlord can only evict a tenant when one of three conditions are met:(1) The tenant has failed to pay rent * (more detail)(2) The tenant, an occupant or other guest of the tenant has caused intentional property damage and/or seriously interfered with the reasonable enjoyment of the landlord or other tenants.(3) The landlord or an immediate family member of the landlord needs the property for personal use (call for more details).
  • Q – Can a landlord evict a tenant because they want to sell the property?
  • A – A landlord can not evict a tenant just because they want to sell the property. When a property is sold to a new owner the lease between the old landlord and the tenant(s) is automatically transferred to the new landlord. What this means is that the new landlord is obligated to honor the terms of the tenant’s original lease. The new landlord may apply to the Ontario Landlord & Tenant Board to evict a tenant because the new landlord or a immediate family member of the new landlord wishes to personally reside in the rental unit.
  • Q – Can a landlord evict a tenant because they want to do major renovations to the rental unit?
  • A – Yes, a landlord can evict a tenant in order to conduct major renovations however there are several conditions that must be met:(1) The landlord must first serve Official Notice using the Ontario Landlord & Tenant Board Forms (N13) to the tenant notifying the tenant of the intended eviction for renovations.(2) The landlord must pay to the tenant up to three months of rent along with the N13 notice. The amount of money the landlord must pay is determined by how long the
    renovations are expected to last.(3) The landlord must give the tenant the first right of refusal to move back into the rental unit after the renovations are complete at the same price the tenant was paying prior to the
    renovations.
  • Q – How does the eviction process work?
  • A – No matter the reason a landlord wants to evict a tenant all landlords must go through the same process in order to remove a tenant from their home. When a landlord wants to evict a tenant the landlord must first give the tenant official notice using forms provided by the Ontario Landlord & Tenant Board, a tenant cannot be evicted without receiving one of these forms. After a tenant receives a notice from the landlord the tenant is usually given an opportunity to correct the problem raised by the landlord prior to any further legal action.If the tenant is not able to correct the problem that has been presented on the Official Notice Forms from the Landlord & Tenant Board the landlord MUST apply to the Landlord & Tenant Board to have a hearing.At the Ontario Landlord & Tenant Board both the tenant and the landlord will have an opportunity to present their version of events. ONLY THE ONTARIO LANDLORD & TENANT BOARD HAS THE POWER TO ISSUE AN EVICTION ORDER. A tenant CANNOT be removed from their home unless the Ontario Landlord & Tenant Board has issued a eviction order.Once the Ontario Landlord & Tenant Board has issued a eviction order the tenant can leave voluntary or be removed with the assistance of the Ontario Sheriff’s Office. ONLY A SHERIFF HAS THE RIGHT TO EXECUTE AN EVICTION ORDER AND HAVE THE LOCKS CHANGED. The landlord cannot change the locks on a tenant and remove a tenant without the assistance of the Ontario Sheriff’s Office.
  • Q – I have been served with a order evicting me, is there anything I can do?
  • A – If you were not aware of the hearing in which you were ordered to be evicted you can file a motion to have the order set-aside and have a new hearing scheduled so that you may attend and give your side of the story.If you did attend a hearing at the Ontario Landlord & Tenant Board in which you had an eviction order issued against you, then you have two options:(1) The tenant can apply to the Ontario Landlord & Tenant Board and request a review of the hearing, or;          (2) The tenant can appeal a decision of the Ontario Landlord & Tenant Board to the Ontario Superior Court of Justice (Divisional Court)
  • Q – If a tenant has appealed a decision of the Ontario Landlord & Tenant Board for eviction to the Ontario Superior Court of Justice (Divisional Court) does the tenant still have to move out?
  • A – When an order for eviction is appealed to the Divisional Court there is an automatic stay issued by the court. The process to complete a hearing before the Divisional Court can take over a year. During the appeal the tenant is not required to move out of the rental unit and the sheriff cannot remove the tenant(s) from their home.
  • Q – Can a landlord make a tenant pay the landlord’s legal fee’s for going to the Ontario Landlord & Tenant Board?
  • A – With rare exception, the landlord is only entitled a request a tenant pay the application fee for a hearing. The application fees for landlords range from $175 to $195.