Page 1 of 20
How a Landlord Can End a Tenancy
Information
in this
brochure
The Residential Tenancies Act (the Act) has rules for how a landlord can end
a residential tenancy and evict a tenant. This brochure provides some general
information about these rules.
It is not a complete summary of the law and it is not intended to provide legal
advice. If you need more information about the law, please see For More
Information at the end of this brochure.
There are special rules for ending a tenancy in a care home. These rules are
not explained in this brochure. For information about the rules relating to
cares homes, see the Board’s brochure on Care Homes.
Topic
See Page
Tenancy Agreements
1
Agreement to End a Tenancy
3
Notice to End a Tenancy
4
Application to the Board
6
Hearing
7
Board Order
8
For More Information
8
Reasons a Landlord Can Apply to Evict a Tenant
9 - 20
Tenancy Agreements
Tenancy
agreements
When a landlord rents a unit to a person, they enter into a tenancy agreement
- a contract in which the tenant agrees to pay rent for the right to live in the
rental unit. If a tenancy agreement is first entered into on or after April 30,
2018, the tenancy agreement must be in writing, and the landlord must use a
standard lease form developed by the Ministry of Housing. This form is
called Residential Tenancy Agreement (Standard Form of Lease).
Fixed term
tenancy
If the landlord and tenant agree that the tenancy will last for a specific period
of time, this is called a fixed term tenancy. This is because both the start and
end date are set out in the tenancy agreement. Most leases are for a fixed
term, usually for a year.
Page 2 of 20
Renewing a
lease
The end of a fixed term tenancy or lease does not mean that the tenant has to
move out or sign a renewal or new lease in order to stay.
The lease is renewed automatically on a month-to-month basis (if the rent is
paid monthly) or week-to-week basis (if rent is paid weekly). This means the
landlord and tenant do not have to sign a new fixed term lease when the term
of the lease runs out. All the rules of the former lease will still apply to the
landlord and tenant.
The landlord and tenant can also agree to renew the tenancy agreement for
another fixed term period, or enter into a new lease. If the landlord and tenant
agree to enter into a new lease, the terms of the lease can only be changed in
accordance with the Act.
Security of
tenancy
Tenants have security of tenancy. This means that a tenant can continue to
occupy the rental unit until:
•
the tenant decides to leave and gives the landlord proper notice that they
intend to move out (see the Board’s brochure on How a Tenant Can
End Their Tenancy for more information),
•
the landlord and tenant agree to end the tenancy, or
•
the landlord gives the tenant a notice to end the tenancy for a reason
allowed by the Act, and
o the tenant agrees to move, or
o the tenant does not agree with the landlord’s notice, the
landlord applies to the Board, and the Board issues an eviction
order.
If the landlord gives a tenant notice to end the tenancy, the tenant does not
have to move out. The landlord must apply to the Landlord and Tenant Board
(the Board) for an order allowing the eviction of the tenant. The tenant has
the right to go to a hearing and explain why they should not be evicted.
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
where:
•
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.
Page 3 of 20
Landlord
cannot lock
tenant out of
the rental unit
(continued)
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 $25,000 if the landlord is
an individual, or $100,000, 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 Board 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 parties included in the
agreement.
The Board has an Agreement to Terminate a Tenancy (Form N11) that
landlords and tenants can use.
A landlord cannot require a tenant to agree to end a tenancy, or to sign, at the
start of the tenancy, an agreement to end the tenancy at a later date. (There
are, however, certain exemptions 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.
The landlord can apply to the Board for an order to evict the tenant if the
tenant refuses to leave as agreed to, unless the landlord and tenant make a
new agreement.
Important: In this situation, the landlord can make an application to the
Board for an eviction order without giving the tenant notice that they have
done so. The tenant will not be made aware of the application until they
receive the eviction order from the Board. The tenant can apply to the Board
to stop the eviction if the tenant believes that the eviction order should not
have been given.
Page 4 of 20
Notice to End a Tenancy
Landlord
must give
proper notice
A landlord can end a tenancy only for 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.
The proper forms a landlord must use for giving a notice to end the tenancy
are available from the Board. There are different notices for different
reasons.
Landlords must use the correct notice form 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 information required
by the Act, the notice may be void. And, 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, and
•
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,
Page 5 of 20
Reasons for
ending a
tenancy
(continued)
•
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, and
•
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 wish to move into the
unit. (This reason for eviction only applies in rental buildings with
three or fewer units and in condominiums.)
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
Where a notice to end a tenancy must be given, the landlord must give the
notice to the tenant before the termination date (the day the tenancy will
end). The amount of advance notice depends on the reason for ending the
tenancy.
The list of Reasons a Landlord can Apply to Evict a Tenant provided at
the end of this brochure shows the amount of advance notice required for each
reason.
Tenant’s
remedy
For some of the for cause reasons for ending a tenancy, 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 a called a tenant’s remedy. The
notice explains what this is, 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 then void. The landlord cannot apply to the Board to evict
a tenant based on a void notice.
For those reasons for ending a tenancy that do not have a remedy, the tenant
cannot do anything to void the notice. However, this does not mean the
tenant has to move out.
If the tenant does not move out after receiving a notice to end the tenancy, the
landlord can file an application to the Board to end the tenancy. The Board
will decide if the tenancy should end after holding a hearing. Both the
landlord and the tenant can come to the hearing and explain their side of the
story to a Member of the Board. (For information about when a landlord can
apply to the Board see the Application to the Board section).
Page 6 of 20
Application to the Board
Applying for
approval to
end the
tenancy
A landlord can apply to the Board for approval 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 a Board order or mediated settlement
and the order or settlement allowed the landlord to apply to end the
tenancy,
•
the tenant abandoned the rental unit, or
•
the tenant was the superintendent and the superintendent’s employment
has ended.
If there is a tenant remedy, the landlord cannot file an application to the
Board 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.
Where the tenant does not have a remedy, 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 to the Board.
Most, but not all, landlord applications must be made within 30 days of the
termination date set out in the notice. 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 (Form
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.
Page 7 of 20
Hearing
A hearing will
be scheduled
In most cases, the Board will schedule a hearing to decide the landlord’s
application. However, the Board 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 a Board order or mediated settlement and the
order or settlement allowed the landlord to apply to end the tenancy
without notice to the tenant.
If a hearing is going to be held, it may be one of three types:
•
an oral hearing, where the landlord and tenant appear in person before
a Member (this is the most common type of hearing),
•
a video conference hearing, where the hearing takes place using a
video camera link between the Member, the landlord and the tenant, or
•
a telephone hearing, where the hearing takes place using a telephone
link between the Member, the landlord and the tenant.
The Board will decide which type of hearing you will have.
The Board
will inform
the parties
about the
hearing
In most situations the Board will inform the parties about the hearing. The
Board will issue a Notice of Hearing and mail it to the landlord(s) and
tenant(s) along with a copy of the application.
Tenant can
dispute the
application at
the hearing
At the hearing, a landlord will have to prove that the tenant should be evicted.
The tenant can go to the hearing to explain why they should not be evicted,
even if they have done something that is a reason for eviction.
Even though a landlord proves their case in an application to evict a tenant,
the Board must consider all the circumstances of each case to decide whether
or not the eviction should be refused or delayed.
Board Order
The decision A Member of the Board will make a decision about the landlord’s application
to end the tenancy and whether the tenant should be evicted or not.
The Member’s decision is always put in writing. This written decision is
called an order. The Board will mail a copy of the order to both the landlord
and tenant, and their representatives, if any.
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). See the section called Landlord cannot lock
tenant out of the rental unit on page 2 for more information.
An eviction order can only be enforced by the Court Enforcement Office
(the “Sheriff’s Office”). The Board does not enforce an order.
The landlord must file a copy of the Board order with the Sheriff’s Office to
have the order enforced. The Sheriff’s Office will charge the landlord a fee
for the enforcement of the order. Further information about enforcement can
be obtained from the Sheriff’s Office.
For More Information
Other related
publications
The Board also has brochures on these related topics:
•
How a Tenant Can End Their Tenancy,
•
Instructions for Landlords: How to Serve the Application and Notice of
Hearing
•
Important Information About Your Hearing
Contact the
Landlord and
Tenant Board
This brochure provides general information only. For more information, or to
obtain copies of the Board’s forms and publications, you can:
•
visit the Board’s website at tribunalsontario.ca/ltb.
•
call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
•
visit your local Landlord and Tenant Board office. A list of Board
office locations can be found on our website, or you may call us at the
numbers listed above.
Page 8 of 20
ISBN 978-1-4249-3006-7 (Print)
ISBN 978-1-4249-3007-4 (HTML)
ISBN 978-1-4249-3008-1(PDF)
© Queen’s Printer for Ontario, 2007
Disponible en français
Release date: September 1, 2017
Page 9 of 20
Reasons a Landlord can Apply to Evict a Tenant
Reason
Page
Reason
Page
Abandoned rental unit 10 Misrepresenting income 15
Agreement to end the tenancy
10
Non-payment of rent
15
Breach of order or mediated settlement
10
Overcrowding
15
Ceases to qualify for subsidized housing 11 Persistent late payment of rent 16
Change of use to non-residential
11
Personal use by landlord
16
Condominium purchase failed 11 Personal use by purchaser 17
Damage
12
Repairs or renovations
17 & 18
Demolition 13 Superintendent’s employment ended 19
Employment terminated
13
Subtenant stays after subtenancy ends
19
Illegal act or business 13 Tenant gave notice to end the tenancy 19
Impairing safety
14
Unauthorized occupant
20
Interference with enjoyment or other right 14
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 Board’s brochure on Care Homes.
Page 10 of 20
Reason Notice Form Notice Period
(at least...)
Application Form Other important information
Abandoned rental unit
Tenant abandoned the
rental unit.
(Note: the Board will not
consider a rental unit to be
abandoned if the tenant has
paid all their rent)
Landlord may apply
to the Board without
giving the tenant a
notice.
None Form L2 – Application
to Terminate a Tenancy
and Evict a Tenant
There is no deadline for
filing the application.
Although the unit may appear to be
abandoned, the landlord must attempt to serve
the tenant with a copy of the application and
the Notice of Hearing.
If the tenant’s new address is not known, the
landlord can serve the tenant at their last
known address or business address.
Agreement to end the tenancy
Tenant made an agreement
with the landlord to end the
tenancy.
Landlord may apply
to the Board without
giving the tenant a
notice.
None Form L3 – Application to
Terminate a Tenancy –
Tenant gave Notice or
Agreed to Terminate the
Tenancy
Application must be filed
no later than 30 days after
the termination date in the
agreement.
The landlord can apply any time after the
agreement is made. The landlord does not
have to give the tenant a copy of the
application.
An eviction order can be issued without
holding a hearing.
If an order is issued evicting the tenant without
a hearing, the tenant can make a Motion to Set
Aside the order. This motion must be made
within 10 days after the eviction order was
issued. The Board can extend this 10-day
period in appropriate circumstances.
Breach of order or mediated settlement
Tenant breached the
conditions of a Board 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 Board without
giving the tenant a
notice.
None Form L4 – Application to
Terminate a Tenancy –
Tenant Failed to Meet
Conditions of a Settlement
or Order
Application must be filed
no later than 30 days after
a tenant’s breach of a
condition in the order or
mediated settlement.
The landlord does not have to give the tenant a
copy of the application.
An eviction order can be issued without
holding a hearing.
If an order is issued evicting the tenant without
a hearing, the tenant can make a Motion to Set
Aside the order. This motion must be made
within 10 days after the order was issued. The
Board can extend this 10-day period in
appropriate circumstances.
Page 11 of 20
Reason
Notice Form
Notice Period
(at least...)
Application Form
Other important
information
Ceases to qualify for subsidized housing
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)
Termination date must
be the last day of the
rental period or lease
term.
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date shown in the
notice.
Tenant can dispute the application at the
hearing.
Note: The Board cannot make decisions
about whether a person is eligible for
RGI assistance or the amount of RGI rent
that must be paid.
Change of use to non-residential
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
Termination date must
be the last day of the
rental period or lease
term.
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
Tenant can dispute the application at the
hearing, or move out of the unit on an
earlier date, provided they give at least
10 days written notice to the landlord.
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
rental unit is a site in a mobile home
park or land lease community, see Note 1
on page 19.)
Condominium purchase failed
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)
Termination date must
be the last day of the
rental period or lease
term.
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
Tenant can dispute the application at the
hearing.
Page 12 of 20
Reason
Notice
Form
Notice Period
(at least...)
Application Form Other important information
Damage - 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 1
st
notice)
Form L2 – Application to
Terminate a Tenancy and
Evict a Tenant
Application must be filed
no later than 30 days after
the termination date in the
notice.
The landlord can give this notice if the person who
caused the damage did so wilfully or negligently (in
other words, whether the damage was done deliberately
or by not being careful enough).
The tenant may void the notice and stay in the unit if,
within 7 days after receiving the notice, 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. (If this is the second notice within 6
months, see Note 2 on page 19.)
Or, the tenant can dispute the application at the hearing.
•
wilfully caused undue
damage to the rental
unit or complex.
Form N7 – 10
day Notice to
Terminate a
Tenancy Early
10 days Form L2 – Application to
Terminate a Tenancy and
Evict a Tenant
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.
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 to the Board that the damage was
wilful, the application will be dismissed.
If a landlord is not sure if they can prove that the person
wilfully caused the damage, the landlord may consider
giving the tenant the 20 day notice of termination for
wilful or negligent damage (Form N5) instead.
•
used the rental unit or
complex in a manner
that is inconsistent
with its use as
residential premises
and this has caused or
can be expected to
cause serious damage.
Form N7 – 10
day Notice to
Terminate a
Tenancy Early
10 days Form L2 – Application to
Terminate a Tenancy and
Evict a Tenant
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.
The landlord must prove at the hearing that the amount of
damage that was caused or could be caused is
significantly greater than damage that would result if it
were wilfully or negligently caused.
Page 13 of 20
Reason
Notice
Form
Notice Period
(at least)
Application
Form
Other important information
Demolition
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
Termination date
must be the last day
of the rental period or
lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
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 of the unit on an earlier date
provided that they give 10 days written notice to
the landlord.
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 rental unit is a site in a mobile
home park or landlord lease community, see Note 1
on page 19.)
Employment terminated
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)
Termination date
must be the last day
of the rental period or
lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
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.
This reason does not include employment as a
janitor, superintendent, caretaker, manager or
security guard of a rental property where the person
lives in the superintendent’s premises. Ending the
tenancy of these types of employees is explained in
Superintendent’s Employment Ended on page
18.
Illegal act or business – 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
Terminate a Tenancy
and Evict a Tenant
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.
•
committed an illegal act or carried
on an illegal business, or they
allowed another person to do this
in the rental unit or complex.
20 days (1
st
notice)
The tenant can dispute the application at the
hearing. (If this is the second notice within 6
months, see Note 2 on page 19.)
Page 14 of 20
Reason
Notice Form Notice Period
(at least)
Application Form Other important information
Impairing safety – 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
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
The landlord may also give a notice to the
tenant for this reason, based on the
presence or behaviour of a pet the tenant is
keeping.
The tenant can dispute the application at
the hearing.
Interference with enjoyment or other right – 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 (where
the landlord lives in the same
building as the tenant and the
building has 3 or fewer
residential units)
Form N7 – 10 day
Notice to
Terminate a
Tenancy Early
10 days
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
The landlord may also give a notice to the
tenant for this reason, based on the
presence or behaviour of a pet the tenant is
keeping.
The tenant can dispute the application at
the hearing.
•
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.
Form N5 – Notice
to Terminate a
Tenancy Early
20 days (1
st
notice)
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
The landlord may also give a notice to the
tenant for this reason, based on the
presence or behaviour of a pet the tenant is
keeping.
The tenant can:
•
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
(If this is the second notice within 6
months, see Note 2 on page 19), or
•
dispute the application at the hearing.
Page 15 of 20
Reason
Notice Form Notice Period
(at least)
Application Form Other important
information
Misrepresenting income
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 (1
st
notice)
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
The landlord can apply any time after
the notice is given to the tenant.
The tenant cannot void the notice but
they can dispute the application at the
hearing.
(If this is the second notice within 6
months, see Note 2 on page 19.)
Non-payment of rent
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)
14 days (all other
tenancies)
Form L1 – Application to Evict
a Tenant for Non-payment of
Rent and to Collect Rent the
Tenant Owes
There is no deadline to file the
application.
The tenant may void the notice and
stay in the rental unit if, before the day
the landlord applies to the Board, the
tenant pays:
•
all the rent that is owed, plus
•
any new rent that has come due.
Overcrowding
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 (1
st
notice)
Form L2 – Application to
Terminate a Tenancy and Evict
a Tenant
Application must be filed no
later than 30 days after the
termination date in the notice.
The tenant may void the notice and
stay in the unit by reducing the
number of people living in the unit to
the limit allowed by local bylaws
within 7 days. (If this is the second
notice within 6 months, see Note 2,
below.)
Or, the tenant can dispute the
application at the hearing.
Page 16 of 20
Reason
Notice
Form
Notice Period
(at least)
Application
Form
Other important
information
Persistent late payment of rent
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)
Termination date
must be the last day
of the rental period
or lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
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.
The tenant does not have to owe rent at the time
this application is made.
The Board will not issue an order for rent owing
if the application is only based on persistent late
rent. If there is rent owing, see Non-payment of
Rent on page 15.
Personal use by landlord
Landlord requires possession of
the rental unit because one of the
following people wants to move
into the rental unit:
•
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.
Form N12 - Notice
to Terminate the
Tenancy at the End
of the Term for
Landlord’s or
Purchaser’s Own
Use
60 days
Termination date
must be the last day
of the rental period
or lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
Timing: Application
must be filed no later
than 30 days after the
termination date in
the notice.
Application must
include a completed
Schedule B.
The person who will
occupy the unit must
file an affidavit with
the application.
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.
The landlord or family member must intend to
live in the unit for at least one year.
The landlord must either:
1. pay the tenant the equivalent of one month’s
rent before the termination date in the notice,
or
2. offer the tenant another unit that the tenant
accepts.
Only individual landlords, not corporations, are
able to give notice of termination for this reason.
If the tenant believes the landlord gave the notice
in bad faith (e.g. the landlord rents the unit to
someone else or advertises it for sale or for rent),
they can file a T5: Tenant Application – Landlord
Gave a Notice of Termination in Bad Faith
Page 17 of 20
Reason
Notice
Form
Notice Period
(at least)
Application
Form
Other important
information
Personal use by purchaser
Landlord of a property
that has
no more than 3 residential units
has entered into an agreement of
purchase and sale for the property
and one of the following people
wants to move into the rental
unit:
•
the purchaser or their spouse
•
the purchaser’s child or parent
•
the purchaser’s spouse’s child
or parent
•
a person who provides or will
provide care services for any of
these people
Form N12 - Notice
to Terminate the
Tenancy at the End
of the Term for
Landlord’s or
Purchaser’s Own
Use
60 days
Termination date
must be the last day
of the rental period
or lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
Timing: Application
must be filed no later
than 30 days after the
termination date in
the notice.
The person who will
occupy the unit must
file an affidavit with
the application.
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.
Landlords who own more than 3 condominium
units in the same building or group of buildings
cannot give this notice.
The person who receives care services must
reside in the same complex.
Repairs or renovations
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.
Termination date
must be the last day
of the rental period
or lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
Timing: Application
must be filed no later
than 30 days after the
termination date in
the notice.
The tenant has the right to move back into the
unit when the repairs or renovations are done.
If the tenant wants to do move back in, they must
give the landlord notice in writing before
vacating the rental unit and inform the landlord
of any change in address.
A landlord cannot refuse the tenant’s request to
re-occupy the unit and they cannot charge more
rent than the tenant would be paying if they had
not moved out.
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.
Page 18 of 20
Reason
Notice
Form
Notice Period
(at least)
Application
Form
Other important
information
Repairs or renovations (continued)
The property has 5 or more
residential units and the landlord
intends to do extensive repairs or
renovations that require a
building permit and 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.
Termination date
must be the last day
of the rental period
or lease term.
Form L2 –
Application to
Terminate a Tenancy
and Evict a Tenant
Application must be
filed no later than 30
days after the
termination date in
the notice.
The tenant has the right to move back into the
unit when the repairs or renovations are done. If
the tenant wants to do this, they must give the
landlord notice in writing before vacating the
rental unit and inform the landlord of any change
in address.
A landlord cannot refuse the tenant’s request to
re-occupy the unit and they cannot charge more
rent 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
either:
1. provide another rental unit acceptable to the
tenant, or
2. pay the tenant an amount equal to 3 months’
rent before the termination date in the notice.
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
work was done, to a maximum of 3 months’ rent
which must be paid before the termination date in
the notice.
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.
If the rental unit is a site in a mobile home park
or land lease community, see Note 1, below.
Page 19 of 20
Reason
Notice
Form
Notice Period
(at least)
Application Form Other important
information
Superintendent’s employment ended
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
Board without
giving the
tenant a notice.
None
Form L2 – Application to
Terminate a Tenancy and
Evict a Tenant
Application cannot be made
earlier than 7 days after the
employment ended.
The tenant can dispute the application at
the hearing.
(The tenant is not required to pay rent or
compensation to the landlord for the 7
day period after the employment is
terminated.)
Subtenant stays after subtenancy ends
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
Board without
giving the
subtenant or
tenant a notice.
None
Form A2 – Application About
a Sublet or an Assignment
Application must be filed no
later than 60 days after the
agreed subtenancy period
ended.
The subtenant and/or the tenant can
dispute the application at the hearing.
The tenant who sublet the rental unit also
has the right to file an application to
evict the overholding subtenant.
Tenant gave notice to end the tenancy
Tenant gave the landlord a
notice to end the tenancy.
Landlord may
apply to the
Board without
giving the
tenant a notice.
None Form L3 – Application to
Terminate a Tenancy –
Tenant gave Notice or Agreed
to Terminate the Tenancy
Application must be filed no
later than 30 days after the
termination date in the
tenant’s notice.
The landlord does not have to give the
tenant a copy of the application.
An eviction order can be issued without
holding a hearing.
If an order is issued evicting the tenant
without a hearing, the tenant can make a
Motion to Set Aside the order. This
motion must be made within 10 days
after the eviction order was issued. The
Board can extend this 10-day period in
appropriate circumstances.
Reason
Notice Form
Notice Period
(at least)
Application Form
Other important
information
Unauthorized occupant
Landlord wants to evict an
unauthorized occupant because
the tenant assigned or sublet the
rental unit to another person
without the consent of the
landlord.
Landlord may
apply to the Board
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.
The occupant or the tenant can dispute
the application at the hearing.
Note 1:
If the reason for giving the notice is that the landlord will be converting, demolishing, repairing or renovating a site on which a tenant-owned mobile home
or land lease community home is located, the landlord must give the tenant an amount equal to one year’s rent, or $3,000 or the prescribed amount,
whichever is less.
Note 2:
A tenant who receives a 20-day notice for damage, interference with enjoyment, or overcrowding, can avoid termination by fixing the problem within 7
days. However, if, within 6 months after the notice was given to the tenant, the tenant:
•
does any of these things,
•
misrepresents his or her income where the tenant is in social housing and receiving a rent subsidy, or
•
commits an illegal act or carries on an illegal business that does not involve illegal drug activity,
the landlord may give a 14-day notice to end the tenancy and apply to the Board right away. The tenant may dispute the application at the hearing.
Last updated: April 2018
Page 20 of 20
ISBN 978-1-4249-3006-7 (Print)
ISBN 978-1-4249-3007-4 (HTML)
ISBN 978-1-4249-3008-1 (PDF)
© Queen’s Printer for Ontario, 2007
Disponible en français
Release date: September 1, 2017
