If you’re experiencing a problem with a rental, you may be wondering: how long for an eviction in ontario? Unfortunately, this is the wrong question as the answer will depend on the reason for eviction, the tenant’s reaction to the eviction and how long the eviction process takes.
In Ontario tenants can only be evicted in accordance with the Residential Tenancies Act, 2006 (RTA) at the Landlord and Tenant Board. Landlords have to follow the tenant eviction process (notice, hearings and enforcement) to evict tenants.
The Real Timeline: Not Just One Step
Eviction is sometimes perceived to be quick. However, it’s a long legal process:
- Notice period
- Application to the Board
- Hearing process
- Eviction order
- Enforcement
To find out how long it takes to evict a tenant in Ontario, let’s go through the process.
Step 1: Tenant Eviction Notice (10-120 Days)
This is the Notice to End Tenancy.
Common notice periods:
- N4 (unpaid rent): 14 days
- N5 (breach of the lease): 20 days
- N12 (landlord use): 60 days
- Repairs/demolition: up to 120 days
This notice needs to be compliant with lawful compliance and legal notice.
Authority Insight:
If it is incorrect, the eviction process can be stopped prior to the hearing.
Step 2: Landlord applies to the Board (1-3 Weeks)
If the tenant doesn’t vacate the unit, the landlord will have to apply to the Landlord and Tenant Board.
This includes:
- Legal documentation filing
- Payment of fees
- Submission of evidence
There can be delays in the process if there are errors.
3. Hearing date (4-12 weeks or more)
This can take the longest time.
The Board has discretion when deciding a date for the hearing:
- Case type
- Urgency
- Current backlog
Real Tribunal Insight:
At busy times, it can take longer for hearings to be decided due to a longer delay prior to the hearing and the decision.
This makes up part of the time frame to evict a tenant in Ontario.
Step 4: Hearing and Decision (Same Day to a Few Weeks)
During the hearing:
- Evidence is given (court evidence submission)
- The Board reviews the case
- A decision is made
The result is either:
- Dismissal
- Payment order
- Eviction Order
The decision can be reached on the day or an eviction judgment can be made at a later date.
5: Eviction Order (0-14 Days Later)
This will usually have a date for eviction if the property owner wants the tenant evicted.
- Immediate eviction (rare)
- Eviction in a few days (7-14 days)
This can still be appealed or reviewed, but this will again delay eviction.
6. Sheriff Enforcement (1-3 Weeks)
The landlord will need to apply to execute the court order if the tenant hasn’t vacated the premises.
This step involves:
- Filing enforcement request
- Scheduling sheriff action
Eviction can only be carried out by sheriff. It’s a court action, not an action by the landlord.
Total Timeline: Realistic Range
Typical eviction timelines:
- Non-payment (non-disputed): 6-8 weeks
- Average case: 2–4 months
Contested case (disputed): 4-8+ months
As you can see, how long does it take to evict a tenant in Ontario is (mostly) up to the tenant and how accurate you are.
How Evictions Are Delayed
Based on the real Board results, the evictions are delayed for:
- Incorrect notice forms
- Lack of prompt filing of documents
- Weak or incomplete evidence
- Tenant disputes or appeals
These issues make for drawn-out rental property disputes.
Insight: How to go Fast
Successful fast-track landlords have:
- Correct documentation at the beginning
- Correct notice forms
- Correct documentation of tenant’s breaches
- Following all the procedures
This prevents delays, and increases the likelihood of success.
Tenants’ Rights on Eviction
Tenants’ rights are protected in Ontario.
Among tenants’ rights are:
- Right to proper notice
- Right to a hearing
- Right to challenge eviction
- Protection from illegal removal
Landlords must follow the steps and tenants can file a tenant complaint or contest the case.
Risk for Landlords
Evictions must be done right.
Failure can lead to:
- Case dismissal
- Restarting the process
- Financial loss
- Additional legal consequences
So, while it’s worth getting the answer to the question “how long does it take to evict a tenant in Ontario,” it’s also important to get it right.
Unique Insight: Time is based on actions, not law
Different cases, different time-frames:
- Case A: Tenant pays or moves out → short time
- Case B: Tenant doesn’t agree with anything → long case
Key Point:
- Time in this process, is more action driven.
So, that’s how long does it take to evict a tenant in Ontario.
Conclusion
So, how long does it take to evict a tenant in Ontario? It will take from a couple of weeks to months.
It’s a fair, but not a fast process. The only way to speed up the process is to work through the process, ensure you have sufficient evidence and take time to avoid mistakes.
Contact us today, If you are unsure of anything to do with evictions and would like to ensure your eviction isn’t complicated, we can provide you with a quick, timely and professional service.
FAQs
How long does it take to evict for non-payment of rent in Ontario?
Between 6-8 weeks, but could take longer if there are hearings and/or delays.
In Ontario, can landlords get back their rental properties?
No, landlords have to wait for the entire eviction process: notice, hearing and sheriff.
What takes the longest in the eviction process?
The hearing can take the longest as it is difficult to find times for appointments and there may be a backlog of hearings.
Can tenants delay eviction?
Tenants can apply for a hearing, review or appeal, which will be a delay.
What if there are errors made?
This can cause the case to be dismissed, and the landlord to have to start over.
All Blogs
- What to Do When a Tenant Damages Property in Ontario
- How Long are Evictions in Ontario? Full Timeline
- Can I Withhold Rent in Ontario? What the Law Says
- How to File a Small Claims Court Case in Ontario: Step-by-Step Guide
- Toronto Rent Control Rules: What Tenants and Landlords Need to Know
- Can Landlords Raise Rent During a Lease in Ontario?
- Tenant Breaking a Lease in Ontario: What You Need to Know
- How to Prepare for a Small Claims Hearing
- Landlord Refusing Repairs in Toronto: Tenant Rights & Next Steps
- N12 Eviction Notice Ontario: Tenant Rights, Compensation & What to Do Next