Understanding Eviction: Your Rights as a Tenant in Ontario

Legal Grounds for Eviction in Ontario Highly Limited, Even for Month to Month Tenants

Understanding your rights can empower you to navigate potential disputes confidently. Below, we explore the legal grounds for eviction in Ontario and the process landlords must follow.

Legal Grounds for Eviction in Ontario

In Ontario, landlords cannot evict tenants without a legally recognized reason. The most common grounds include:

1. Non-Payment of RentIf you fall behind on rent, your landlord may issue a Notice of Termination for Non-Payment of Rent. This notice gives you 14 days to pay the overdue amount or move out. If you pay within this period, the eviction process stops. If not, the landlord must apply to the Landlord and Tenant Board (“LTB”) for an eviction order.

2. Persistent Late Payment of RentIf you consistently pay rent late, your landlord may seek eviction by issuing a Notice to Terminate a Tenancy. The landlord must prove a pattern of late payments.

3. Illegal ActivityEngaging in illegal activities in the rental unit can lead to eviction. The landlord must provide a Notice to End your Tenancy and apply to the LTB with evidence of the illegal activity. In serious cases, the notice period may be as short as 10 days.

4. Causing Damage or DisturbanceIf you or your guests cause significant damage to the property or disturb the landlord or other tenants, the landlord may issue a Notice to End your Tenancy for Causing Serious Problems. You typically have seven days to correct the issue to avoid eviction.

5. Landlord’s Own Use or Sale of PropertyA landlord may evict a tenant if they or a close family member intend to move into the unit, or if the property is being sold and the new owner requires the unit for personal use. In these cases, the landlord must provide a Notice to End your Tenancy with 60 days’ notice and, in some cases, compensation equivalent to one month’s rent.

6. Renovations or DemolitionIf the landlord plans major renovations or demolition requiring the unit to be vacant, they can issue a Notice to End your Tenancy for Demolition, Conversion, or Repairs. Tenants may have the right to return to the unit after renovations at a similar rent, depending on the circumstances.

   
   

The Eviction Process: What Landlords Must Do

Landlords in Ontario cannot evict tenants without following a strict legal process. This includes:

• Providing Written Notice: The landlord must issue a formal notice of termination, specifying the reason and giving the required notice period (e.g., 14 days for non-payment, 60 days for personal use).

• Applying to the Landlord and Tenant Board: If the tenant does not move out after the notice period, the landlord must apply to the LTB for an eviction order. Only the LTB can authorize an eviction.

• Attending a Hearing: The LTB typically holds a hearing where both the landlord and tenant can present their case. Tenants have the right to dispute the eviction and provide evidence.

• Sheriff Enforcement: If the LTB grants an eviction order and the tenant still does not leave, only a court enforcement officer (sheriff) can physically remove the tenant. Landlords cannot change locks or remove belongings themselves.