How to Evict a Non-Paying Tenant in Ontario (Step-by-Step)

Overview: The Ontario Eviction Process

Non-payment of rent is the most common reason landlords apply to the Landlord and Tenant Board (LTB) in Ontario. The process has three main stages:

1. Serve an N4 Notice: give the tenant a formal notice to pay or vacate
2. File an L1 Application: apply to the LTB for an eviction order if they don't pay
3. Attend the LTB hearing: a Member issues an order; if the tenant still doesn't pay, you can enforce it

Step 1: Serve an N4 Notice to End Tenancy

The N4 Notice to End a Tenancy Early for Non-payment of Rent is the first required step. You cannot skip straight to filing with the LTB. The N4 must come first. For a line-by-line walkthrough, see our guide to filling out the Ontario N4 form.

What the N4 must include

• The exact amount of rent owed (only rent, not utilities, NSF fees, or other charges)
• The rental period(s) the rent is owed for
• A Termination Date, at least 14 days after you serve the notice
• Your name and the tenant's name(s)
• The address of the rental unit

How to calculate the Termination Date

The Termination Date must be at least 14 days after the date you serve the notice for daily or weekly tenancies, and at least 14 days for all other tenancies. It does not need to be the last day of a rental period. If you serve on March 1, your earliest Termination Date is March 15.

Use our free N4 notice tool to auto-calculate the correct date and generate a legally formatted notice in minutes.

How to serve the N4

The N4 can be served by:

• Hand delivery to the tenant directly
• Mail: if mailed, add 5 extra days to your Termination Date
• Leaving it in the mailbox or under the door
• Email: only if the tenant has agreed in writing to receive notices this way

Always complete a Certificate of Service documenting how and when you served the notice. The LTB will ask for this when you file your L1.

Step 2: Wait for the Tenant to Respond

Once served, the tenant has two options:

• Pay all the rent owed: if they pay in full before the Termination Date, the N4 is void and the tenancy continues.
• Do nothing: if they don't pay and don't move out, you can proceed to file an L1 with the LTB.

You can file the L1 any time after the Termination Date on the N4 as long as the rent remains unpaid.

Step 3: File an L1 Application with the LTB

The L1 Application to Evict a Tenant for Non-payment of Rent is filed with the Landlord and Tenant Board. The filing fee is $201 (you can claim this back from the tenant in your order).

You can file online at the LTB's e-File portal or in person at a ServiceOntario location. Your L1 must include:

• A copy of the N4 Notice you served
• A Certificate of Service confirming how you served it
• Updated rent ledger showing what is owed

Step 4: Attend the LTB Hearing

After filing, the LTB will schedule a hearing, typically conducted by video conference. Both you and the tenant can attend. At the hearing, an LTB Member will review the evidence and issue an order.

In most non-payment cases, the LTB issues a "pay or get out" order (also called a conditional order). The tenant is given a short window, typically 11 days, to pay everything owed. If they pay, the tenancy is preserved. If they don't, you can file the order with the Court Enforcement Office (Sheriff) to have them removed.

How Long Does the Process Take?

The entire process from serving the N4 to regaining possession typically takes 2–4 months, though LTB backlogs have extended timelines in some regions.

Common Mistakes to Avoid

• Wrong amount on the N4: only include rent, not fees or utilities. An incorrect amount can void your notice.
• Wrong Termination Date: it must be at least 14 days after service. Too short and the LTB will dismiss your application.
• Not keeping a Certificate of Service: if you can't prove you served the notice, your L1 will be dismissed.
• Accepting partial rent: accepting any payment after the N4 may void the notice in some circumstances. Consult a paralegal if the tenant offers partial payment.
• Attempting a "self-help" eviction: changing locks, removing belongings, or cutting off utilities without an LTB order is illegal and exposes you to significant liability.