There are six steps that a landlord must take to evict a tenant in Toronto:
- Give the tenant a written notice of eviction
- File an eviction application with the Tenant Board
- Deliver the application and Notice of Hearing to the tenant
- File a Certificate of Service with the Tenant Board
- Attend the Eviction Hearing
- Eviction Order
Typically, the first step in the eviction process is for the landlord to provide the tenant with a written Notice of Termination. This notice explains the reason for eviction and when the landlord may begin legal action at the Landlord and Tenant Board. The Landlord and Tenant Board (LTB) resolves disputes between landlords and tenants, and eviction applications filed by non-profit housing co-operatives. After the required notice period has passed, the landlord may apply to the Board for a hearing date. Once they complete and file the Application to Terminate a Tenancy and Evict a Tenant, the Board will set a date for the hearing. The landlord must then deliver a copy of the Application and Notice of Hearing to the tenant at least five or ten calendar days before the hearing. The landlord must give the notice to the tenant before the termination date, and the amount of advance notice depends on the reason for ending the tenancy.
A Toronto Eviction Hearing May Be One of Three Types:
- An oral hearing, where the landlord and tenant appear in person before a member of the tenant board
- A video conference hearing, where the hearing takes place using a video camera link between member of the tenant board, the landlord, and the tenant
- A telephone hearing, where the hearing takes place using a telephone link between the member of the tenant board, the landlord, and the tenant
At the hearing, a landlord will have to prove that the tenant should be evicted. However, the Board considers all circumstances of the case to determine whether eviction should be refused or delayed. A Member of the Board will decide on the landlord’s application to end the tenancy and whether the tenant should be evicted or not. The Order will state when the tenant must vacate the premises. If the tenant does not leave by the specified date, the landlord will need to file the Order with the Court Enforcement Office for the Sheriff to evict the tenant.