A Guide to the Eviction Process in Ottawa, Ontario

As a landlord, you can evict a tenant under the Ontario landlord-tenant laws. However, you must follow a formal eviction process to do so successfully. In today’s article, we’ll walk you through an overview of the process of evicting a tenant in Ontario. The following is the step-by-step process you must follow to evict a tenant from your Ontario rental property:

Notice for Lease Termination with Legal Cause

Landlords must have a legal cause to evict a tenant from their rental properties. The landlord must then use the right written notice depending on the kind of violation the tenant has committed. The notice is what landlords need to serve the tenant to ultimately kickstart the formal eviction process. Here are common reasons for tenant eviction in Ontario:

• • Failure, by the tenant, to pay rent. 

• • Inconsistent rent payments over time. 

• • Excessive property damage outside the scope of normal wear and tear. 

• • Actions causing serious problems in the rental unit. 

• • Need for the landlord to move into the property themselves or their family member. 

• • Committing illegal acts.

If a tenant has engaged in any of these violations, you can begin the eviction process against them. You should also familiarize yourself with Ontario’s rent deposit laws to understand how deposits are impacted by lease terminations. 

Selecting the Right Eviction Notice

The next step would be to select the appropriate eviction notice. They are as follows:

N4- Notice to End Tenancy for Non-Payment of Rent

You’ll need to use this notice to evict a tenant who is not paying rent. Before you can make an application to the Landlord Tenant Board (LTB), you must give the tenant an advance notice. If the frequency of rent payment is less than bi-weekly, you must give the tenant at least 14 days’ notice. And if the frequency of rent payment is daily or weekly, you must serve them a 7-day advance notice. 

N8 – Notice to End Tenancy at the End of a Term

If a tenant consistently pays rent late, you can serve them this notice to terminate their tenancy at the end of the term. If the tenant pays rent either daily or weekly, you must serve them an advance notice of at least 28 days. For tenants that pay bi-weekly, monthly, or annually, a 60-day notice is required. For tenants in a fixed-term lease, you must wait until their contractual period is over. 

N5 – Notice to End Tenancy for Damage, Interfering with Others, or Overcrowding   

You’ll be required to use this type of eviction notice to evict a tenant who has violated certain lease terms. If warning the tenant for a first-time offence, you’ll need to serve them a 20-day advance notice. If warning them for the second time within six months, you’ll need to give them a 14 days’ notice. 

N7 – Notice to End Tenancy for Causing Serious Problems 

You’ll need to use this eviction notice when looking to evict a tenant for actions like seriously endangering other tenants or purposely causing serious property damage. To terminate their lease, you’ll need to serve the tenant with a notice of at least 10 days. 

N12 – Notice to End Tenancy Because the Landlord Requires the Unit

This one is to evict a tenant so that the landlord (or their family member) can move in. You will need to serve the tenant a minimum of 60 days before making an LTB application. 

N6 – Notice to End Tenancy Due to Illegal Acts

This is for a case where the tenant has engaged in illegal activity. It could be that the tenant has either acted illegally or has operated an illegal business within their rental unit. Before you can move to the next step in the eviction exercise, you must serve the tenant a minimum of 10 days’ notice.

Serving a Tenant with an Eviction Notice in Ontario

Before serving the eviction notice to the tenant, make sure it doesn’t contain any errors. Otherwise, you may be punished for improper eviction, which may delay the tenant’s eviction. Among other things, make sure the eviction notice contains the following information for clarity:

• • The legal reason for the eviction

• • The date of the eviction. 

• • What the tenant must do within the notice period to avoid eviction.

There are also specific methods for serving an eviction notice in Ontario. The following are the options available to Ontario landlords:

Personally delivering the notice to the tenant. 

• • Using regular mail. 

• • Using a courier service. 

• • Through fax services. 

• • Posting the notice on a conspicuous area of the home if you can’t access them. 

Make sure to keep records of the kinds of violations committed as well as copies of the notices and proof of their delivery. 

File an Application with the Landlord Tenant Board and Attend the Hearing 

If the tenant refuses to correct the violation within the notice period, you can ask the LTB to end their tenancy. The Board will then schedule a hearing to evaluate the request and make an order. 

If the Ontario landlord get a favourable order, they must then file it with the Court Enforcement Office which will carry out the eviction on their behalf. Please note that, as a landlord, you cannot enforce an eviction order personally by trying to remove the tenant yourself. 

Bottom Line

Understanding the legal eviction process is vital to protect your rental business. If you have a question or need the expert help of a property manager, look no further than Stewart Property Management. We cater to property investors in Ottawa who are looking for personalized property management services. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.