How Quickly Can a Landlord Evict a Tenant in Ontario?

The Landlord Eviction Timeline

Many property owners want to understand the eviction process. A common question concerns the actual timeline for removing a tenant from a property. The answer to how quickly a landlord can evict a tenant is that it is not a fast process. Eviction is a formal legal procedure governed by specific laws and timelines. A landlord cannot simply change the locks or remove a tenant’s belongings. Doing so is illegal and carries severe penalties. The entire process must go through the proper channels, which involves serving correct notices and applying for a hearing.

The Landlord and Tenant Board (LTB) oversees all disputes between residential landlords and tenants. This body ensures that both parties follow the rules set out in the Residential Tenancies Act. The time it takes from the initial notice to the final removal of a tenant can vary significantly. Factors like the reason for the eviction, the tenant’s response, and the LTB’s current caseload all impact the total duration. Understanding each step is crucial for landlords to manage their expectations and to avoid making mistakes that could reset the clock on the entire process.

Initiating the Process with a Formal Notice

The eviction process always begins with a written notice. A landlord must serve the tenant with the correct LTB form that details the reason for the eviction. The type of notice determines the required notice period, which is the amount of time the tenant has to either correct the issue or move out. For example, an N4 Notice to End a Tenancy Early for Non-payment of Rent gives a tenant 14 days to pay the overdue amount. If they pay in full within that time, the notice is voided.

Other common notices have different timelines. An N12 Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit requires at least 60 days’ notice. An N5 Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding gives a 20-day notice period. For a first offense on an N5, the tenant has seven days to correct the behaviour to void the notice. Using the wrong form or making a small error in the details can invalidate the notice, forcing the landlord to start the entire process again. Precision is essential at this initial stage.

Please visit this page for more about Orangeville realtors
Related Article: What Are the Grounds for Eviction in Ontario?
Related Article: Can I Refuse a Landlord Inspection in Ontario?

The Formal Hearing and Awaiting a Decision

The LTB hearing is where both the landlord and the tenant have the opportunity to present their case. An impartial LTB member, known as an adjudicator, listens to evidence from both sides. The landlord must provide proof to support the reasons for the eviction listed on their application. This evidence can include rent ledgers, photographs of damages, witness testimony, or copies of emails and other communications. The tenant has the right to dispute the landlord’s claims and present their own evidence.

After hearing from both parties, the adjudicator will make a decision. This decision is not always immediate. The adjudicator may reserve their decision and issue a written order later. The order will state whether the eviction is granted or denied. In some cases, the LTB may issue a conditional order. For example, it might set up a payment plan for a tenant in rent arrears. If the eviction is granted, the order will specify a termination date by which the tenant must legally vacate the property. The wait for the written order can add several weeks to the timeline after the hearing concludes.

Executing the Official Eviction Order

Receiving an eviction order from the LTB does not give a landlord the power to remove the tenant. If the termination date on the order passes and the tenant still has not left the property, the landlord cannot change the locks or physically move them. This is a critical point that property owners must understand. Only one authority has the power to enforce an eviction order: the Court Enforcement Office, commonly known as the Sheriff. The landlord must take their LTB order to the local courthouse and file it with the Sheriff’s office.

This step also involves a fee and another waiting period. The Sheriff’s office schedules the enforcement based on its own caseload. Once scheduled, a Sheriff will attend the property and post a Notice to Vacate on the tenant’s door. This document gives the tenant a final date to leave, usually within seven days. If the tenant is still there on the specified date, the Sheriff will return to the property. The Sheriff will then legally remove the tenant and their belongings, and a locksmith hired by the landlord can change the locks.

Variables That Can Delay the Process

Several factors can add significant time to the eviction timeline. Understanding these potential delays helps landlords set realistic expectations. Tenant actions and procedural issues are common sources of delay. A tenant has the legal right to dispute the eviction at every stage. If they choose to attend the hearing and present a defence, the process will take much longer than if they move out after receiving the initial notice. The system is designed to give tenants a fair chance to be heard.

Procedural errors are another major cause of delays.

• Incorrectly Filled Notices

  A simple mistake on an N4 or N12 form, like a wrong date or an incorrect amount, can force the landlord to serve a new notice and restart the clock.

• LTB Backlogs

  The current wait times for a hearing are substantial. This is often the longest and most unpredictable part of the process, and it is entirely out of the landlord’s control.

• Requests for Review or Appeals

  After an order is issued, a tenant can file a request to review the decision or appeal it to a higher court, which can add many more months to the final resolution.

Strategies to Streamline the Eviction Timeline

While a landlord cannot bypass the legal system, they can take steps to avoid unnecessary delays. The key is careful preparation and adherence to the rules. Being proactive and organized from the very beginning is the best strategy. This minimizes the risk of self-inflicted setbacks that can add months to the process. Simple actions can ensure your case moves forward as smoothly as the system allows. An efficient process relies on the landlord’s diligence.

Landlords should consider these actions to help streamline the eviction.

• Use Correct LTB Forms

  Always download the latest versions of forms directly from the LTB website. Read the instructions carefully and double-check every detail before serving the notice.

• Document Everything

  Maintain a clear paper trail. Keep copies of all notices, communication, and rent payment records. This documentation will be your primary evidence at a hearing.

• Consider a “Cash for Keys” Agreement

  You can offer a tenant a lump sum of money to voluntarily vacate the property by an agreed-upon date. This avoids the LTB process entirely. The N11 Agreement to End the Tenancy form formalizes this arrangement.

Conclusion

The timeline to evict a tenant is not measured in days or weeks, but in months. From the initial notice period to the final enforcement by the Sheriff, the process is lengthy and structured. There are no shortcuts. The total time can easily stretch from four months to over a year, especially with the current LTB backlogs. A landlord who attempts to speed things up by taking matters into their own hands faces serious legal and financial consequences. The best approach is to follow the law with precision.

Understanding this process is fundamental to successful property management. For property investors, these timelines directly impact profitability and risk assessment. Knowing the steps, potential delays, and proper procedures helps you prepare for the worst-case scenario. It reinforces the importance of thorough tenant screening to reduce the likelihood of ever needing to start this process. Managing a rental property is a business, and navigating its legal framework is a critical skill for long-term success in the real estate market.