How to Evict a Tenant in Ontario: N4 vs N12 Forms

Ontario’s eviction process under the Residential Tenancies Act, 2006 (RTA, SO 2006, c. 17) is strictly statutory — the landlord must follow the prescribed forms, notice periods, and Landlord and Tenant Board (LTB) procedures, or the eviction fails. The two most common notices are Form N4 (eviction for non-payment of rent) and Form N12 (eviction for landlord’s own use). This howto explains both, step by step, and contrasts them.

Section 1 — Form N4: Eviction for Non-Payment of Rent

Step N4-1 — Confirm Rent Is in Arrears

Under RTA s.59, a landlord may serve Form N4 when rent is in arrears. The full month’s rent must be unpaid as of the day after rent was due. Partial payment does not preclude N4 service for the unpaid balance.

Step N4-2 — Calculate the Termination Date

Under RTA s.59(1), the termination date specified on Form N4 must be at least:

• 14 days after the date the notice is given, for a monthly or yearly tenancy;
• 7 days after the date the notice is given, for a daily or weekly tenancy.

The N4 must specify the exact arrears amount as of the notice date.

Step N4-3 — Complete Form N4 Accurately

Form N4 (Notice to End your Tenancy Early for Non-payment of Rent) requires:

• Tenant’s name and address;
• Landlord’s name and address;
• Termination date (at least 14 days for monthly tenancy);
• Rental period covered by the arrears;
• Exact arrears amount (rent charged for each month + total).

Errors invalidate the notice. Common mistakes: wrong rental amount, wrong termination date, missing landlord signature.

Form N4 download: https://tribunalsontario.ca/ltb/forms/

Step N4-4 — Serve Form N4

Service methods under LTB Rules of Procedure:

• Hand delivery to tenant;
• Leaving with an apparent adult at the unit;
• Mail (add 5 days for service by mail under RTA s.191(1.1));
• Sliding under the door (acceptable if other methods unavailable);
• Email (only if both parties agreed in writing).

Document the service method, date, and recipient.

Step N4-5 — Wait the Notice Period

The tenant has the notice period to either:

• Pay all arrears + future rent that becomes due — this voids the N4 under RTA s.74(1), and the tenant remains in the unit;
• Move out by the termination date;
• Do nothing — landlord may apply to the LTB.

If the tenant pays in full before the LTB hearing, the N4 is voided again under s.74(3).

Step N4-6 — File L1 Application With the LTB

If the tenant has not paid and not vacated, the landlord files Form L1 (Application to Evict a Tenant for Non-payment of Rent and to Collect Rent) with the LTB. Filing fee: CAD $201 (online) / CAD $206 (paper).

L1 hearing: Currently 4–8 months from filing in many regions (Tribunals Ontario backlog).

Step N4-7 — Attend the LTB Hearing

The hearing is held in person, by phone, or video. The landlord presents:

• Lease;
• Form N4 + proof of service;
• Rent ledger;
• Proof of unpaid rent.

The tenant may raise defences (e.g., the unit was uninhabitable under s.20, the rent demanded is illegal, the N4 was defective).

Step N4-8 — Obtain the Order

If granted, the LTB issues an Order for Eviction with a stated date by which the tenant must vacate. The order also specifies the arrears owed.

Step N4-9 — Sheriff Enforcement

If the tenant does not vacate by the order date, the landlord files for enforcement with the Court Enforcement Office (Sheriff). The Sheriff schedules the physical eviction, typically 1–4 weeks later.

The landlord cannot self-evict at any point — changing locks, removing belongings, or shutting off utilities is illegal under RTA s.234 and creates damages liability.

Section 2 — Form N12: Eviction for Landlord’s Own Use

Step N12-1 — Confirm a Permitted Reason Under RTA s.48

Under RTA s.48, a landlord may end a tenancy if the rental unit is required for residential occupation by:

• The landlord;
• The landlord’s spouse;
• The landlord’s child or parent;
• The spouse’s child or parent;
• A caregiver for the landlord, the landlord’s spouse, or the landlord’s children/parents.

The intended occupant must intend to occupy the unit for at least 12 months (RTA s.48(1.1)).

Step N12-2 — Calculate Compensation

Under RTA s.48.1, the landlord must pay the tenant one month’s rent as compensation, or offer another rental unit acceptable to the tenant. The compensation is due no later than the termination date specified on the N12.

Step N12-3 — Calculate the Termination Date

Under RTA s.48(2), the termination date specified on Form N12 must be at least 60 days after the date the notice is given, and must coincide with the end of a rental period (typically the last day of a month). Examples:

• Notice given on 1 February 2026 → earliest termination is 30 April 2026 (last day of April, 60+ days out);
• Notice given on 15 February 2026 → earliest termination is 31 May 2026.

Step N12-4 — Complete Form N12 Accurately

Form N12 requires:

• Tenant’s name and address;
• Landlord’s name and address;
• Termination date (60+ days, end of period);
• Identity of the intended occupant and their relationship to the landlord;
• Statement that the unit is required for residential occupation;
• Affidavit by the intended occupant confirming intent to occupy for 12+ months.

Form N12 download: https://tribunalsontario.ca/ltb/forms/

Step N12-5 — Serve Form N12

Same service methods as N4. Pay compensation by the termination date.

Step N12-6 — File L2 Application With the LTB (If Tenant Does Not Vacate)

If the tenant does not vacate by the termination date, the landlord files Form L2 (Application to End a Tenancy and Evict a Tenant or Collect Money). Filing fee: CAD $201 online.

Step N12-7 — Attend the Hearing and Defend Bad-Faith Allegations

The most common defence is that the eviction is in bad faith — the landlord plans to re-let the unit at a higher rent rather than have a family member occupy it. Under RTA s.57, if the LTB later finds the eviction was in bad faith, the landlord may be ordered to pay the former tenant up to 12 months of rent differential plus moving costs and other damages. The Rental Housing Enforcement Unit also imposes provincial fines.

Step N12-8 — Obtain the Order and Comply With Occupancy

If granted, the intended occupant must move into the unit and occupy for 12+ months. Failure to do so triggers s.57 liability.

Section 3 — N4 vs N12 At A Glance

Section 4 — Common Errors That Cause Eviction Failure

1. Wrong termination date — recount the days, exclude the day of service.
2. Wrong arrears amount on N4.
3. Serving N12 without paying compensation.
4. Self-help (changing locks) at any point — exposes landlord to s.234 prosecution and damages.
5. Re-letting the unit at higher rent after N12 — bad-faith liability under s.57.
6. Filing L1/L2 before notice period expires.
7. Not retaining proof of service.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not Canadian lawyers, paralegals, or notaries.

Sources

• Ontario Residential Tenancies Act, 2006 — https://www.ontario.ca/laws/statute/06r17
• Landlord and Tenant Board forms — https://tribunalsontario.ca/ltb/forms/
• Tribunals Ontario LTB — https://tribunalsontario.ca/ltb/
• Ontario residential rent increases — https://www.ontario.ca/page/residential-rent-increases
• Renting in Ontario tenant guide — https://www.ontario.ca/page/renting-ontario-your-rights