How to Deal With a Tenant Who Won't Leave Ontario (2026)

You have served the notice. The termination date has passed. But the tenant is still there. This is one of the most frustrating situations an Ontario landlord can face — and one that requires strict adherence to the legal process. The tenant may have no legal right to stay, but you cannot remove them yourself. Here is what to do, what not to do, and a realistic timeline for resolution. With Bill 60 reducing appeal timelines, the path from eviction order to enforcement is now faster than in previous years.

What Is the Enforcement Timeline?

Step 1: File With the LTB Immediately

If you have not already filed your application, do it now. The clock does not start until you file. Submit your L1 or L2 Application to the Landlord and Tenant Board as soon as the notice period expires. Every day you wait is another day added to the process. The filing fee is $208.

Step 2: Consider Cash-for-Keys Negotiation

While it may feel unfair to pay a tenant who owes you money, cash for keys is often the financially rational choice. Consider the math:

• Monthly rent: $2,000
• Estimated LTB wait time: 6 months
• Lost rent during the process: $12,000
• Cash-for-keys offer: $2,000-$4,000
• Savings: $8,000-$10,000 plus immediate unit availability for a new tenant

How to Structure a Cash-for-Keys Agreement

• Get the agreement in writing — use an N11 (Agreement to End the Tenancy) form
• Specify the move-out date clearly with no ambiguity
• Do not pay the full amount until the tenant has vacated and returned the keys
• Consider splitting the payment: half upon signing, half upon confirmed move-out
• Have the tenant sign a release of any claims against you

Step 3: Prepare for the LTB Hearing

If negotiation fails, prepare thoroughly for the LTB hearing. Gather all evidence:

• The original notice and Certificate of Service
• Rent ledger showing all arrears (updated to the hearing date)
• Lease agreement
• Any correspondence with the tenant about the issue
• Evidence supporting your specific eviction grounds
• Bill 60 note: if filing an L1, be aware the tenant must pay 50% of arrears before raising maintenance defences

Step 4: Enforce the Eviction Order Through the Sheriff

If the LTB grants your eviction order and the tenant still refuses to leave after the order's vacate date:

1. Wait for the appeal period to expire — 15 days under Bill 60 (previously 30)
2. File the eviction order with the Court Enforcement Office (Sheriff)
3. Pay the Sheriff's fee — approximately $400-$600 depending on the region
4. Sheriff schedules a date — typically 2-6 weeks after filing
5. Be present on enforcement day — or have a representative present to change the locks immediately
6. Handle tenant belongings — items left behind must be stored for 72 hours; you cannot simply discard them

What You Must NOT Do

Even when a tenant is blatantly refusing to leave, Ontario law prohibits landlords from taking matters into their own hands. The following are illegal and can result in fines up to $50,000 for individuals and $250,000 for corporations:

• Changing the locks — even if the tenant is away, has left temporarily, or you believe they have abandoned the unit
• Shutting off utilities — heat, water, electricity, gas — regardless of the reason
• Removing the tenant's belongings — even if they appear abandoned
• Intimidating or harassing the tenant — including constant visits, verbal threats, or aggressive communication
• Entering the unit without proper notice — you still need 24 hours' written notice for non-emergency entry
• Hiring private security or movers to remove the tenant — only the Sheriff has this legal authority

If you take any of these actions, the tenant can file a T2 Application with the LTB, and you will face fines, compensation orders, reinstatement of the tenancy, and potential criminal charges.

Common Mistakes to Avoid

• Delaying the LTB filing: Every day between notice expiry and filing is a day added to the total timeline.
• Self-help eviction: Changing locks, shutting off utilities, or removing belongings is illegal regardless of how frustrated you are.
• Rejecting reasonable cash-for-keys offers: Principle is expensive. If the math works, take the deal.
• Not filing with the Sheriff promptly: After the appeal period expires, file the eviction order with the Sheriff immediately. Do not delay.
• Being unprepared for the hearing: Missing evidence or witnesses can result in adjournments that add months.

Our eviction team handles cases across Toronto, Ottawa, Mississauga, and all of Ontario, ensuring every step is completed correctly and efficiently.

Frequently Asked Questions

Sources

• Residential Tenancies Act, 2006 (Ontario)
• Landlord and Tenant Board
• Ontario Court Enforcement Offices (Sheriff)
• Bill 60 — Protecting Tenants and Strengthening Community Housing Act, 2024

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• Can a Landlord Evict Without Cause in Ontario?
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