Landlord and Tenant Issues
How long does an eviction take in Ontario, from notice to Sheriff?
Last updated October 7, 2026.
There is no single answer. An Ontario eviction moves through stages: the notice period (7 days for an N4 for unpaid rent, 60 days for an N8 or N12, 120 days for an N13), the wait for a Landlord and Tenant Board (LTB) hearing, the order, and enforcement by the Sheriff. The LTB's posted averages are about 3 months to a hearing for rent applications and 5 to 7 months for most others, so a contested eviction usually takes several months.
Each stage has its own rules, and a mistake at any one of them can send a landlord back to the start. For help on either side, our page on landlord and tenant help in Hamilton explains how Carson Frankum, a licensed paralegal, works on LTB cases.
How does an Ontario eviction move, step by step?
The stages below come from the Residential Tenancies Act, 2006 (the Act), as amended to September 21, 2026, and from the LTB's own guidelines and service information.
- The notice. The landlord serves the LTB notice that matches the reason, with a termination date at least the minimum number of days away. The notice is not an order, and the tenant does not have to leave because of it.
- Any chance to fix the problem. Some notices can be voided. An N4 is void if the tenant pays all the rent owing before the landlord files (s. 59(3)). A first N5 gives the tenant seven days to stop the conduct or pay for the damage (ss. 62 and 64).
- The application. For an N4, the landlord can file an L1 starting the day after the termination date, with no deadline (ss. 69(3) and 74(1)). For a voidable N5, the landlord waits until the seven-day remedy period ends (s. 70). For most other notices, the landlord can file right away (s. 71) but no later than 30 days after the termination date (s. 69(2)). The fee is $201, or $186 through the Tribunals Ontario Portal.
- Waiting for the hearing. The LTB sends a Notice of Hearing. Its service timelines page says L1 and L9 applications have been scheduled within about 3 months on average and most other applications within 5 to 7 months. Those averages were written in 2024 and are still the ones posted in October 2026.
- The hearing. Most hearings are held by video. The landlord must prove the case, and the Board must consider whether to refuse or delay the eviction (s. 83). Cases can also settle before or on the hearing day through the LTB's dispute resolution process.
- The order. The LTB says most orders are issued within 30 days after a hearing. Guideline 7 says orders commonly set the eviction date 11 days after the order. The order can never take effect before the termination date in the notice (s. 80(1)).
- A last chance in rent cases. In an N4 case the tenant can void the eviction order by paying everything the order requires before it becomes enforceable (s. 74(4)), and in some cases even after that but before the Sheriff acts (s. 74(11)).
- The Sheriff. If the tenant does not leave, the landlord files the order with the Court Enforcement Office, which charges a fee and carries out the eviction (s. 85). The order expires if it is not filed there within six months after it takes effect (s. 81).
| Notice and reason | Minimum notice | Can the tenant void it? | When the landlord can file |
|---|---|---|---|
| N4: rent not paid | 7 days (notices given on or after September 21, 2026) | Yes, by paying all rent owing before the landlord files | From the day after the termination date; no deadline |
| N5: damage, interference, overcrowding | 20 days (first notice); 14 days for a second notice within six months | First notice: yes, within 7 days. Second: no | First: after the 7-day remedy period. Within 30 days after the termination date |
| N6: illegal act | 10 days (drug production or trafficking); 20 days (other) | No | Right away; within 30 days after the termination date |
| N7: serious problems (wilful damage, impaired safety, small-building interference) | 10 days | No | Right away; within 30 days after the termination date |
| N8: persistent late rent and other end-of-term grounds | 60 days (28 days for daily or weekly), ending at the end of a period or term | No | Right away; within 30 days after the termination date |
| N12: landlord's or purchaser's own use | 60 days, ending at the end of a period or term | No | Right away; within 30 days after the termination date |
| N13: demolition, conversion, major repairs | 120 days, ending at the end of a period or term | No | Right away; within 30 days after the termination date |
| N11 agreement or tenant's N9 | The date agreed or given | Not applicable | Right away (L3, usually no hearing); within 30 days after the termination date |
The notice period is only the first block of time. If the tenant pays the rent on an N4 or fixes the problem on a first N5, the process stops there. Our page on the N5 notice and the seven-day chance to fix the problem explains that route, and the N8 route is covered in eviction for persistent late payment of rent.
| Stage | What the official sources say | Source |
|---|---|---|
| Hearing date | About 3 months on average for L1 and L9; 5 to 7 months for most other applications; 5 to 6 weeks for urgent matters such as illegal lockouts | LTB service timelines (posted 2024, read October 7, 2026) |
| Order after the hearing | Most within 30 days; ask the LTB if none after 60 days | LTB service timelines |
| Eviction date in the order | Commonly 11 days after the order; never before the notice's termination date | Guideline 7; s. 80(1) |
| Request to review the order | Within 15 days of the order (orders made on or after July 1, 2026); $58 | s. 209(3); LTB fees |
| Appeal | Divisional Court, within 30 days, question of law only | s. 210(1) |
| Filing with the Sheriff | Within six months after the order takes effect, or it expires | s. 81 |
| Tenant's belongings after the Sheriff acts | Kept available for 72 hours | s. 41(2), (3) |
What changes the answer?
- The ground. No-fault notices (N12, N13) start with 60 or 120 days; rent and conduct notices are shorter. For own-use cases, see when a landlord can end a tenancy with an N12.
- A defective notice. A wrong form, a short termination date or a date that is not the last day of a period can lead to dismissal and a fresh start. The LTB replaced the N4 on September 21, 2026, and says older versions of the N5, N6, N8, N12, N13, L1 and L2 will not be accepted as of November 30, 2026.
- Tenant issues raised at an N4 hearing. For L1 applications filed on or after September 21, 2026, a tenant who wants to raise maintenance or other issues must give written notice and pay the landlord half the arrears claimed at least seven days before the hearing (s. 82(2); O. Reg. 516/06, s. 8.3).
- Refusal or delay by the Board. The Board must refuse an eviction in the situations in section 83(3), such as serious landlord breaches or retaliation. Since September 21, 2026 it can postpone enforcement without the landlord's consent only if a delay would not be unfair and, for most grounds, there are compelling reasons (O. Reg. 516/06, s. 8.4).
- Settlement. A payment plan or move-out date agreed through the LTB can end the case without a hearing; payment plans now must use the LTB Payment Agreement Form. See how mediation at the LTB works.
- Review and appeal. A review request does not stop an eviction by itself; the person asking must request a stay and give reasons. An appeal to the Divisional Court stays the order automatically, but that court is outside paralegal scope, so a lawyer is needed there.
- Expedited enforcement. For orders based on serious drug-related illegal acts and certain N7 grounds, the Board asks the Sheriff to expedite enforcement (s. 84).
- No-hearing routes. An N11 agreement or a tenant's own notice leads to an L3, usually decided without a hearing; see how N11 agreements to end a tenancy work.
A worked example
For example, imagine a Hamilton landlord named Marco whose tenant has not paid October 2026 rent. Marco hands the tenant an N4 on October 5. The termination date must be at least 7 days later, so he picks October 12. The tenant does not pay, and Marco files an L1 on October 13, the first day he is allowed to.
If the LTB schedules the hearing around its posted average of about three months, the hearing would fall in mid-January 2027. At the hearing the tenant does not dispute the arrears but asks for time. The member considers a payment plan and the circumstances, then issues an eviction order two weeks later. The order gives the tenant 11 days to pay everything owing and void it. The tenant does not pay, so Marco files the order with the Court Enforcement Office in February and waits for the Sheriff's date.
On these assumptions, Marco's eviction takes roughly four to five months from the N4. A review request, an adjournment, or a tenant payment that voids the order would change that. Marco and his tenant are hypothetical; real timing depends on the LTB's schedule, the evidence and the Sheriff's office.
Common mistakes
- Filing an L1 too early. The LTB will not accept an L1 on or before the N4 termination date (s. 74(1)). Filing on the termination date itself wastes the fee and the time.
- Missing the 30-day window. For every notice except an N4, the application must be filed within 30 days after the termination date (s. 69(2)), or the notice becomes void (s. 46).
- Taking matters into their own hands. A landlord who changes the locks or removes belongings without the Sheriff risks an illegal lockout application and prosecution, with maximum fines of $100,000 for individuals and $500,000 for corporations (s. 238).
- Letting the order go stale. An eviction order that is not filed with the Sheriff within six months after it takes effect expires (s. 81).
- Tenants skipping the hearing. The hearing is the main chance to explain, propose a payment plan or ask the Board to refuse or delay the eviction. Missing it rarely buys time.
- Assuming a review request stops the Sheriff. It does not, unless a stay is requested and granted.
What to do this week
- Identify which notice applies and check its minimum notice period in the table above.
- Landlords: download the current LTB form (September 21, 2026 version where one exists) and mark the earliest valid termination date on a calendar.
- Landlords: put two dates in your calendar, the first day you can file and the last day you can file.
- Tenants: read the notice, check the dates and amounts, and decide whether you can void it (pay the rent or fix the problem) in time.
- Both sides: once a Notice of Hearing arrives, gather your evidence and plan to share it with the other side at least seven business days before the hearing.
- Both sides: if an order arrives that you think is wrong, note the 15-day review deadline the same day.
- For help with any stage, contact Cheddar Paralegal PC in Hamilton.
Preparation shortens hearings and avoids adjournments; our article on how to prepare for a Landlord and Tenant Board hearing walks through it.
Frequently asked questions
Does the tenant have to keep paying rent during the process?
Yes. A tenant who stays after the termination date owes compensation for the use of the unit (s. 86), and LTB Guideline 11 says an order on an L1 includes the arrears up to the hearing plus a daily compensation amount after it.
How long does a tenant have to move after an eviction order?
The Act does not set a number of days, but LTB Guideline 7 says orders commonly set the eviction date 11 days after the order. A shorter period may be ordered for serious misconduct.
Can a tenant stop an eviction for unpaid rent at the last minute?
Yes, in two ways. Paying everything the order requires before it becomes enforceable voids it (s. 74(4)), and a tenant can sometimes bring a motion after that point but before the Sheriff acts (s. 74(11)). That later motion is only available once during a tenancy agreement.
Does a request to review an order stop the eviction?
Not automatically. The request must ask for a stay and explain why, and it must be filed within 15 days for orders made on or after July 1, 2026. Our page on what to do if you disagree with an LTB order covers both reviews and appeals.
Can the Sheriff's date be predicted?
The official sources do not publish Sheriff wait times. The LTB brochure tells landlords to find their local Court Enforcement Office through the Ministry of the Attorney General's court addresses page and file the order there.
Is the process faster if the tenant agrees to leave?
Usually. An agreement to end the tenancy lets the landlord file an L3 that is normally decided without a hearing, although the tenant can bring a motion to set the order aside within 10 days.
Where are Hamilton eviction cases heard?
Hamilton cases go to the provincial LTB, mostly by video, and the order is enforced by the local Court Enforcement Office. See the Landlord and Tenant Board for Hamilton rentals for local details.
Sources
- Residential Tenancies Act, 2006 (Ontario e-Laws, current consolidation from September 21, 2026)
- O. Reg. 516/06, General, under the Residential Tenancies Act, 2006 (Ontario e-Laws)
- LTB application and hearing process, including service timelines (Tribunals Ontario)
- LTB brochure: How a Landlord Can End a Tenancy
- LTB brochure: If a Tenant Does Not Pay Rent
- LTB Interpretation Guideline 7: Relief from Eviction
- LTB Interpretation Guideline 8: Review of an Order
- LTB Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
- LTB Rules of Procedure
- LTB operational update: legislative changes effective September 21, 2026 (Tribunals Ontario)
- LTB operational update: legislative changes effective July 1, 2026 (Tribunals Ontario)
- LTB forms, filing and fees (Tribunals Ontario)
Facing a landlord-tenant issue? Contact us today for assistance.
This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.