Ontario Eviction Process: N4, N5, N12 Notices & LTB Hearings

Step 1: Serve the Correct Notice

The first step is always serving written notice using the correct LTB form. The notice you use depends on the reason for eviction:

The N4 (Non-Payment of Rent) in Detail

The N4 is the most common eviction notice. Critical rules:

• The amount claimed on the N4 must be exactly correct. Overcharging (including amounts not actually owed) voids the notice.
• The N4 is voidable — if the tenant pays all arrears plus the filing fee before the hearing, the LTB will typically void the eviction.
• You cannot claim NSF fees, late charges, or any amount beyond rent in an N4.
• File the L1 application at the LTB no sooner than the termination date on the N4.

Step 2: File an LTB Application

After the notice period expires without compliance, file the appropriate application:

• L1: Eviction for non-payment of rent (also claims the arrears amount)
• L2: Eviction for all other reasons (served N5, N6, N7, N8, N12, N13)

Current LTB filing fees: $201 for L1/L2. Applications can be filed online through the LTB portal. The LTB will schedule a hearing — wait times have been 3–12+ months in recent years.

Step 3: The LTB Hearing

Most LTB hearings are now conducted by video. Both parties have an opportunity to present evidence and submissions. A licensed paralegal can represent a landlord at the hearing.

Key things to bring:

• Signed copy of the lease
• Proof of service of the notice (Certificate of Service)
• Rent payment ledger showing all charges and payments
• Any relevant correspondence, photographs, or witness evidence

Step 4: Enforcing the Eviction Order

If the LTB grants an eviction order and the tenant does not leave voluntarily:

1. File the order with the Court Enforcement Office (Sheriff) in your jurisdiction.
2. Pay the Sheriff's fee (~$350–$500).
3. The Sheriff schedules an enforcement appointment — both you and the Sheriff attend to physically remove the tenant and their belongings.
4. You may not change locks or remove the tenant yourself before the Sheriff carries out the order.

The N12 (Personal Use) — High-Risk Notice

N12 evictions (landlord or immediate family moving in) are carefully scrutinized. Requirements:

• Must be the landlord, their spouse, child, parent, or spouse's parent
• The person must genuinely intend to occupy the unit for at least 12 months
• One month's rent must be paid as compensation (or an equivalent unit offered)
• If the unit is re-rented within 12 months, the original tenant may be entitled to compensation

Bad-faith N12 applications can result in fines of up to $50,000 and an order to pay the evicted tenant 12 months' rent.