I need to evict my tenant. He did not pay rent.

Evicting a Tenant for Non-Payment of Rent in Ontario

In Ontario, evicting a tenant for non-payment of rent is a specific legal process governed by the Residential Tenancies Act, 2006 (RTA). You cannot simply ask the tenant to leave — you must follow the proper steps through the Landlord and Tenant Board (LTB).

Step 1: Serve an N4 Notice (Notice to End Tenancy for Non-Payment of Rent)

• The N4 form is the required first step. It tells the tenant how much rent is owed and gives them a chance to pay.
• The tenant has 14 days to pay the full amount owing (for monthly tenants) after receiving the N4.
• If the tenant pays in full within that period, the notice is void and you cannot proceed with eviction on that basis.
• Make sure the rent amount and dates are accurate — errors can invalidate the notice.

Step 2: If the Tenant Does Not Pay — File an L1 Application

• If the tenant does not pay or move out after the 14-day period, you can file an L1 Application with the LTB.
• The L1 asks the LTB for both an eviction order and a rent arrears order.
• You will need to pay the LTB filing fee at the time of application.
• File at: LTB Forms Page

Step 3: Attend the LTB Hearing

• The LTB will schedule a hearing and notify both you and the tenant.
• Bring evidence: lease agreement, rent ledger, proof of service of the N4, and any payment records.
• The tenant may raise defenses (e.g., maintenance issues, payment disputes), so be prepared.

Step 4: Obtain and Enforce the Eviction Order

• If the LTB rules in your favour, you will receive an eviction order.
• If the tenant does not leave by the date in the order, you must file with the Court Enforcement Office (Sheriff) to enforce the eviction — you cannot remove the tenant yourself.
• The Sheriff will attend the property and enforce the order.

Important Practical Notes

• Service of the N4: The N4 must be served using an approved method under the RTA (e.g., hand delivery, mail, or email if the tenant agreed in writing). Improper service can delay or void your application.
• Do not change locks or remove belongings — this is an illegal eviction and can result in serious penalties.
• Rent arrears: The L1 also allows you to claim unpaid rent as a debt order, which can later be enforced through garnishment or collections if needed.For help managing your lease, notices, and LTB filings, consider LandlordEzy, which supports Ontario landlords through the process.