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 information about these rules.
It is not a complete summary of the law and it is not legal advice. If you need more information, please see Contact the Landlord and Tenant Board at the end of this brochure.
There are special rules for ending a tenancy in a care home that are not explained in this brochure. For information about the rules relating to cares homes, see the LTB’s brochure: Rules for Care Homes.
When a landlord rents a unit to someone, 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. A written tenancy agreement is often called a lease. A standard lease must be used for most new tenancies. A tenancy agreement may also be oral or implied.
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.
The end of a fixed term tenancy or lease does not mean that the tenant has to move out or sign a renewal or a 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, 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. For example, if the landlord wants to increase the rent in the new lease, the Act’s rules about rent increases must be followed.
Tenants have security of tenancy. This means that a tenant can continue to occupy the rental unit until:
If the landlord gives a tenant notice to end the tenancy and the tenant does not move out, the landlord can apply to the LTB for an order evicting the tenant. The tenant has the right to go to a hearing and explain why they should not be evicted or ask for more time to move out.
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:
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 $50,000 if the landlord is an individual, or $250,000, 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 LTB for an order that requires the landlord to let the tenant back into the unit.
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 the tenants. You can use the N11: Agreement to End the Tenancy.
A landlord cannot require a tenant to agree to end a tenancy, or to sign an agreement to end the tenancy at a later date. There are certain exemptions to this rule for student housing and care homes.
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.
If the landlord and tenant don’t make a new agreement, and the tenant refuses to leave, the landlord can apply to the LTB for an order to evict the tenant.
Important: In this situation, the landlord can apply to the LTB for an eviction order without giving the tenant notice. The tenant will not know about the application until they receive the eviction order from the LTB. The tenant has 10 days from when they receive the order to apply to the LTB to stop the eviction if the tenant believes that the eviction order should not have been made.
A landlord can only end a tenancy for one of 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.
A landlord must use the proper form to give notice to end the tenancy There are different notices for different reasons. These notices are available at tribunalsontario.ca/ltb/forms.
Landlords must use the correct notice 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 required information, the notice may be void. If the landlord files an application to evict the tenant based on an incomplete or incorrect notice, the application may be dismissed.
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:
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:
In most cases, the landlord must pay compensation to the tenant if they evict them for a “no fault” reason. The amount of compensation varies depending upon the reason and the number of units in the building.
A complete list of the Reasons a Landlord Can Apply to Evict a Tenant is provided at the end of this brochure.
In cases where the landlord must give notice to end a tenancy, the landlord must give the notice to each tenant before the termination date (the day the tenancy will end). The length of advance notice depends on the reason for ending the tenancy.
The brochure How to Serve a Landlord or Tenant with Documents explains how to give your tenant the notice.
The list of Reasons a Landlord can Apply to Evict a Tenant shows the amount of advance notice required for each reason.
In some cases, if the reason for ending a tenancy is for cause, 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 called voiding a notice. The notice explains what the tenant needs to do to void the notice, 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 void. The landlord cannot apply to the LTB to evict a tenant based on a void notice.
Other types of notices cannot be voided. That means that the tenant cannot do anything to void the notice to end the tenancy.
If the tenant does not move out after receiving a notice to end the tenancy, the landlord can file an application with the LTB to end the tenancy. The LTB will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can participate the hearing and explain their side of the story to an LTB adjudicator.
A landlord can apply to the LTB for an order to end a tenancy if:
If the landlord gave the tenant a notice to end the tenancy that can be voided, the landlord cannot file an application with the LTB 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.
If the landlord gave the tenant a notice to end the tenancy that cannot be voided, the landlord can file their application as soon as they give the notice to the tenant.
In most cases, there is a deadline by which the landlord must file their application.
Most landlord applications must be filed within 30 days of the termination date set out in the notice or the agreement to terminate. 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 (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.
In most cases, the LTB will schedule a hearing to decide the landlord’s application, but there are exceptions. The LTB will not usually schedule a hearing if the application was made because the tenant:
The LTB will decide which type of hearing you will have.
In most situations, the LTB will issue a Notice of Hearing and email and/or mail it to the landlord and tenant along with a copy of the application. In some cases, the LTB may order the person who filed the application to give these documents to the other parties.
At the hearing, a landlord must prove that the tenant should be evicted. At the hearing, the tenant can explain why they should not be evicted, even if they have done something that is a reason for eviction.
Even if a landlord proves their case in an application to evict a tenant, the LTB must consider all the circumstances when deciding whether to refuse or delay the eviction. For more information, see Guideline 7 – Relief from Eviction.
An LTB adjudicator will decide whether the tenant should be evicted or not.
The adjudicator’s decision is always put in writing. This written decision is called an order. The LTB will email or mail a copy of the order to both the landlord and tenant, and their representative, if they have one.
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).
An eviction order can only be enforced by the Court Enforcement Office of the Superior Court of Justice (also called the “Sheriff’s Office”). The LTB does not enforce an order.
The landlord must file a copy of the LTB order with the Court Enforcement Office to have the order enforced. The Court Enforcement Office will charge the landlord a fee to enforce the order. To find your local Court Enforcement Office, visit the Ministry of the Attorney General’s Court Addresses page. From the “Choose a municipality” drop down, choose the municipality where your rental unit is located. Form the “Choose a court office” drop-down, select “Enforcement”.
You can also read these related brochures:
A list of reasons a landlord can end a tenancy follows. For each reason, the notice form, minimum notice period, and application form are listed. You may also want to visit Navigate Tribunals Ontario. The online tool asks you a series of questions about your situation and provides options to resolve your dispute.
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 LTB’s brochure: Rules for Care Homes.
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant abandoned the rental unit. Note: A rental unit is not considered abandoned if the tenant has paid all their rent. |
Landlord may apply to the LTB without giving the tenant a notice. | None | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. There is no deadline for filing the application. |
N/A |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant made an agreement with the landlord to end the tenancy. | Landlord may apply to the LTB 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 is usually 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 LTB can extend this 10-day period in appropriate circumstances. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant breached the conditions of an LTB 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 LTB 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 is usually 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 LTB can extend this 10-day period in appropriate circumstances. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 LTB cannot make decisions about whether a person is eligible for rent geared to income assistance or the amount of rent that must be paid in a rent geared to income rental unit. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 property has fewer than 5 units, the landlord must provide another rental unit acceptable to the tenant or give the tenant an amount equal to 1 month’s rent. If the tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith. If the rental unit is a site in a mobile home park or land lease community, the landlord must give the tenant an amount equal to one year’s rent, or $3,000, whichever is less. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. Application must be filed no later than 30 days after the termination date in the notice. |
Tenant can dispute the application at the hearing. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 1st notice) If this is the 2nd notice within 6 months and the first notice had a 7-day correction period, the termination date must be at least 14 days after the tenant receives the notice. |
Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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:
|
| Tenant, their guest or another occupant of the rental unit 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 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. |
| Tenant, their guest or another occupant of the rental unit 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 caused wilfully or negligently |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 property has fewer than 5 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 1 month’s rent. If the tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith. If the rental unit is a site in a mobile home park or land lease community, the landlord must give the tenant an amount equal to one year’s rent, or $3,000, whichever is less. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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, below. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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. |
| Tenant or another occupant has committed an illegal act or carried on an illegal business that is not related to drugs. 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 | 20 days (1st notice) If this is the 2nd notice within 6 months and the first notice had a 7-day correction period, the termination date must be at least 14 days after the tenant receives the notice. |
Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| The landlord and tenant live in the same building that has 3 or fewer residential units and the 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 | Form N7 – 10-day Notice to Terminate a Tenancy Early | 10 days | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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. |
|
Form N5 – Notice to Terminate a Tenancy Early | 20 days (1st notice) If this is the 2nd notice within 6 months and the first notice had a 7-day correction period, the termination date must be at least 14 days after the tenant receives the notice. |
Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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:
|
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 (1st notice ) If this is the second notice within 6 months and the first notice had a 7-day correction period, the termination date must be at least 14 days after the tenant receives the notice |
Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 can dispute the application at the hearing. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 You can file this application online through the Tribunals Ontario Portal. 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 LTB, the tenant pays:
|
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 (1st notice) If this is the 2nd notice within 6 months and the first notice had a 7-day correction period, the termination date must be at least 14 days after the tenant receives the notice. |
Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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. Or, the tenant can dispute the application at the hearing. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 LTB cannot issue an order for any rent owing if the application is only based on persistent late rent. If there is rent owing, see Non-payment of Rent. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
Landlord requires possession of the rental unit because one of the following people wants to live in the rental unit for at least one year:
|
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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 a declaration or affidavit with the application. |
The landlord must pay the tenant an amount equal to one month’s rent no later than the termination date on the Form N12 or offer the tenant another unit that the tenant accepts. 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 If the tenant moves out but believes the landlord gave the notice in bad faith and did not move into the rental unit, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
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:
|
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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 landlord must pay the tenant an amount equal to one month’s rent no later than the termination date on the Form N12 or offer the tenant another unit that the tenant accepts. The tenant can dispute the application at the hearing or move out 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. If the tenant moves out but believes the landlord gave the notice in bad faith and did not move into the rental unit, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 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 can’t charge more 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 provide another rental unit acceptable to the tenant, or give the tenant an amount equal to 1 month’s rent. 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 repairs are being done, to a maximum of 1 month’s rent. 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 tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith. |
| The property has 5 or more 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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 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 can’t charge more 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:
If the tenant moves out but believes the landlord gave the notice in bad faith, the tenant can file a T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith. If the rental unit is a site in a mobile home park or land lease community, the landlord must give the tenant an amount equal to one year’s rent, or $3,000, whichever is less. 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. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 LTB without giving the tenant a notice. | None | Form L2 – Application to End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. 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. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| 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 LTB 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 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. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant is occupying the unit specifically to receive rehabilitative or therapeutic services and the agreed tenancy period 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 End a Tenancy and Evict a Tenant or Collect Money You can file this application online through the Tribunals Ontario Portal. Application must be filed no later than 30 days after the termination date in the notice. |
This notice can only be given if no other tenant receiving rehabilitative and/or therapeutic services is allowed to live in the residential complex for more than 4 years. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Tenant gave the landlord a notice to end the tenancy. | Landlord may apply to the LTB 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 LTB can extend this 10-day period in appropriate circumstances. |
| Reason | Notice Form | Minimum Notice Period | Application Form | Other Important Information |
|---|---|---|---|---|
| Landlord wants to evict an unauthorized occupant because the tenant transferred possession of the rental unit to another person without the consent of the landlord. | Landlord may apply to the LTB 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 landlord must name both the tenant and the occupant in the application. |
The occupant or the tenant can dispute the application at the hearing. |
Last updated: September 2021