Can My Landlord Evict Me? Understanding Your Rights as a Tenant in Ontario

If your landlord has told you to leave, served you with a notice, or filed an application at the Landlord and Tenant Board (LTB), you may be feeling anxious and unsure of your rights. The good news is that Ontario's Residential Tenancies Act, 2006 (RTA) provides strong protections for tenants. A landlord cannot simply tell you to leave — there is a legal process that must be followed, and tenants have the right to challenge an eviction at every stage.

Your Landlord Cannot Evict You Without an Order from the LTB

In Ontario, only the Landlord and Tenant Board can order an eviction. Even if your landlord serves you with a notice of termination (such as an N12 for personal use or an N13 for demolition), that notice alone does not end your tenancy. Your landlord must apply to the LTB, and a hearing must take place before any eviction can proceed. You have the right to attend that hearing and present your case.

Common Types of Eviction Notices

Landlords use different notice forms depending on the reason for the eviction. An N4 is issued for non-payment of rent. An N5 is for interfering with the reasonable enjoyment of other tenants or causing damage. An N12 is for the landlord's own use or a family member's use. An N13 is for demolition, conversion, or major repairs. Each of these has specific requirements the landlord must meet, and many eviction notices contain errors that can be challenged.

Bad Faith Evictions

One of the most common abuses in Ontario's rental market is the bad faith N12. A landlord claims they or a family member need the unit for personal use, but the real purpose is to re-rent at a higher price. If you suspect your landlord is acting in bad faith, you have the right to raise this at the LTB hearing. If the Board finds the landlord acted in bad faith, you may be entitled to compensation and the landlord could face a significant fine.

What to Do If You Receive an Eviction Notice

First, do not panic and do not move out immediately. Read the notice carefully and note the type of notice and the termination date. You are not required to leave by the date on the notice — your landlord still needs an order from the LTB. Second, consider getting legal advice. An experienced lawyer can review the notice for errors, advise you on your rights, and represent you at the LTB hearing. Third, keep records of all communications with your landlord.

How We Can Help

Ken Wise & Associates has experience representing tenants at Landlord and Tenant Board hearings and on appeals from LTB decisions to the Divisional Court. Whether you are facing an eviction notice, dealing with a bad faith landlord, or need help enforcing your rights as a tenant, we can help. Contact us for a consultation.