My landlord gave me an eviction notice in Ontario — how much notice do they have to give me?
A notice to end a tenancy is only the first step in Ontario: the landlord must serve the correct form, give the notice period set by the Residential Tenancies Act, 2006, and then obtain an eviction order from the Landlord and Tenant Board.
In Ontario an eviction notice is not an eviction. A landlord who wants a tenant to leave must serve the correct notice form under the Residential Tenancies Act, 2006 — an N4 for non-payment of rent, an N5 for damage or interference, an N12 where the landlord, a purchaser or a family member intends to move in, and so on. Each form carries its own notice period, and the period is calculated from proper service, not from the date written on the form.
If the tenant does not leave, the landlord must apply to the Landlord and Tenant Board and obtain an order. Only the Court Enforcement Office (the Sheriff) can physically remove a tenant. A landlord who changes the locks, removes belongings or shuts off services is committing an offence.
Most defended eviction files turn on technical defects in the notice, the landlord's good faith on an N12, or the tenant's right to void the notice — for example by paying the arrears before the termination date on an N4.
Source: Residential Tenancies Act, 2006, S.O. 2006, c. 17
This work is handled by Samoy Gordon (Landlord & Tenant Board). Read more about landlord & tenant board at VK Law Group, or send us the facts and we will tell you where you stand.
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