Evicting a tenant for non-payment of rent in Ontario is a strictly regulated process. As a landlord, you must follow the proper legal steps—skipping or mishandling any part of the process could result in delays, dismissed cases, or even penalties against you.

This guide will walk you through the legal eviction process for non-payment of rent in Ontario, ensuring you comply with Landlord and Tenant Board (LTB) rules while protecting your rental investment.

1. When Can a Landlord Evict for Non-Payment of Rent?

📌 A landlord can start the eviction process if:

• A tenant misses a rent payment.
• The tenant fails to pay in full by the due date.
• The rent remains unpaid for several days without prior agreement.

🚨 Important: You cannot change the locks, remove the tenant’s belongings, or force them out without an official eviction order. Doing so is illegal under the Residential Tenancies Act (RTA).

For more on landlord responsibilities, check Understanding Ontario’s Rental Laws.

2. Step 1: Serving the N4 Notice to End a Tenancy for Non-Payment of Rent

The first step in the eviction process is serving the tenant with an N4 Notice to End a Tenancy for Non-Payment of Rent.

✅ How to Serve an N4 Notice:

• You must complete and serve Form N4 – Available here.
• You must give the tenant at least 14 days to pay the overdue rent.
• Acceptable service methods: hand delivery, mail, courier, or email (if agreed upon in writing).

📌 Best Practice: Keep a copy of the N4 Notice and file an Affidavit of Service (Form 8A) to prove the tenant received it.

For more details on serving notices, check How to Serve an Eviction Notice in Ontario.

3. Step 2: Filing an L1 Application to Evict a Tenant for Non-Payment

🚨 If the tenant does NOT pay within 14 days, you can file an L1 Application to Evict a Tenant for Non-Payment of Rent with the Landlord and Tenant Board (LTB).

✅ How to File an L1 Application:

• Fill out Form L1 – Available here.
• Attach a copy of the N4 Notice.
• Pay the application fee ($201 in person / $186 online).
• File it online, in person, or by mail.

📌 Next Steps: The LTB will schedule a hearing date where both you and the tenant can present your case.

For more on filing LTB applications, check How to File an Eviction Application.

4. Step 3: Attending the LTB Hearing

Once your L1 Application is accepted, the LTB will schedule a hearing.

✅ How to Prepare for the Hearing:

• Bring a copy of the lease agreement.
• Show rent payment records (bank statements, receipts, or ledgers).
• Provide proof of serving the N4 Notice.
• Be prepared to answer tenant defenses, such as maintenance issues or harassment claims.

🚨 Possible Outcomes:

• ✅ Eviction Order Granted – The tenant must leave by a specific date.
• ⚖️ Mediated Agreement – The LTB may order a payment plan instead of eviction.
• ❌ Eviction Denied – If the LTB finds issues with your case, you may have to restart the process.

Need help preparing? Book a consultation with Carson Frankum for expert legal guidance.

5. Step 4: Enforcing the Eviction Order

🚨 If the tenant does not leave by the eviction date, you cannot remove them yourself—you must involve the Sheriff’s Office.

✅ How to Enforce an Eviction Order:

• Obtain an Order of Possession from the LTB.
• File the order with the Superior Court Enforcement Office (Sheriff).
• The sheriff will schedule a date to remove the tenant legally.

📌 Note: Only the Sheriff’s Office can physically evict a tenant—landlords cannot change the locks or remove the tenant’s belongings themselves.

For more details, check How to Enforce an Eviction in Ontario.

6. What If the Tenant Pays Before Eviction?

If the tenant pays the full overdue rent before the eviction order is issued, the case is dismissed and they cannot be evicted.

However, if they fail to pay rent again, you will need to start the process over by serving another N4 Notice.

For strategies to avoid future rent issues, read How to Handle Late Rent Payments.

7. Can a Tenant Appeal the Eviction Order?

Yes, tenants can:

• Request a Review by the LTB – If they believe the decision was unfair.
• File a Motion to Set Aside the Order – If they didn’t attend the hearing.
• Appeal to Divisional Court – If they believe there was a legal error.

Appeals can delay eviction, so landlords should be prepared. If you need assistance, check What to Do If a Tenant Appeals an Eviction.

Final Thoughts: Follow the Law and Protect Your Rights

Evicting a tenant for non-payment of rent requires strict adherence to LTB rules. While the process can be frustrating, following each step correctly ensures a legal and enforceable eviction.

📌 Key Takeaways:

• Serve an N4 Notice first – Give the tenant 14 days to pay.
• File an L1 Application if rent remains unpaid.
• Attend the LTB hearing prepared with evidence.
• Obtain a Sheriff’s Order if the tenant refuses to leave.

🚀 Need legal help with an eviction? Contact Carson Frankum to ensure a smooth, legal process.