As a landlord, there may come a time when you need to formally ask a tenant to vacate. Whether it’s unpaid rent, significant property damage, or a lease violation, the first legal step is serving an eviction notice in Ontario. Because this process is governed by the Residential Tenancies Act (RTA) and overseen by the Landlord and Tenant Board (LTB), it’s critical to follow the rules carefully. Mistakes can result in costly delays or even dismissal of your case.
This guide explains everything you need to know about how to serve an eviction notice in Ontario, including legal requirements, types of notices, acceptable delivery methods, and why many landlords choose to hire a professional process server.
Why Serving an Eviction Notice in Ontario Matters
An eviction notice in Ontario is not just paperwork; it’s the legal foundation of the entire eviction process. Serving it correctly is essential because:
- Tenants must receive fair notice under Ontario law.
- Improper service can cause the LTB to reject your application.
- Delays may lead to lost rent, extended disputes, and additional legal costs.
Done properly, serving an eviction notice ensures compliance with landlord-tenant rules and keeps your case on track.
The Legal Framework for Eviction in Ontario
Evictions are regulated by the Residential Tenancies Act and adjudicated by the LTB. Under the law, landlords cannot simply change locks or force tenants out. Any attempt to evict outside the RTA rules is considered an illegal eviction.
This means the eviction process must begin with a properly served eviction notice in Ontario, using the right form and following the correct timelines.
Grounds for Serving an Eviction Notice
Landlords may issue an eviction notice in Ontario for several reasons, including:
- Non-Payment of Rent: When a tenant fails to pay on time.
- Persistent Late Payment: Even if arrears are covered, repeated delays may qualify.
- Property Damage: Damage beyond normal wear and tear.
- Illegal Activity: Criminal activity or unlawful use of the unit.
- Interference with Others: Disrupting neighbors or the landlord’s enjoyment of the property.
- Landlord’s Use: If you, your family, or a purchaser intends to occupy the unit.
Each ground requires a specific form and notice period.
Types of Eviction Notices in Ontario
Different circumstances call for different forms under Ontario’s eviction rules:
- N4 – Non-payment of rent (tenant has 14 days to pay or move out).
- N5 – Damage, interference, or overcrowding (tenant can correct behavior within a set time).
- N6 – Illegal acts or misrepresentation of income.
- N12 – Landlord or purchaser requires the unit for personal use.
- N13 – Demolition, conversion, or major repairs requiring vacancy.
Knowing which eviction notice in Ontario to use is essential for your case to proceed smoothly.
How to Serve an Eviction Notice in Ontario
The RTA specifies acceptable methods for delivering an eviction notice:
Accepted Methods
- Hand delivery directly to the tenant.
- Placing the notice in the tenant’s mailbox or sliding it under their door.
- Mailing or couriering (allowing extra delivery days).
- Fax or email, only if the tenant has agreed in writing.
What Not to Do
- Do not tape the notice to the door.
- Do not leave it with someone else unless authorized.
- Avoid serving incorrectly, as this could invalidate the notice.
Improper service means starting the process all over again.
Timeline After Serving an Eviction Notice
Once a tenant receives an eviction notice in Ontario:
- If they comply by paying rent, correcting behavior, or moving out, the matter ends.
- If they don’t comply, the landlord can apply to the LTB for a hearing.
- The LTB decides whether to issue an official eviction order.
Why Hire a Professional Process Server?
Landlords are legally allowed to serve notices themselves, but errors are common. Hiring a professional process server helps because:
- They understand Ontario’s eviction service rules.
- They prepare affidavits of service for LTB hearings.
- They reduce the risk of mistakes that delay your case.
- They handle uncooperative or evasive tenants effectively.
Using a professional ensures your eviction notice in Ontario holds up in court.
The Role of Select Serve and File Process Server Inc.
At Select Serve and File Process Server Inc., we assist landlords with all aspects of serving eviction documents. Our services include:
- Delivering N4, N5, N6, N12, and N13 notices.
- Preparing accurate affidavits of service for hearings.
- Offering same-day or urgent service when deadlines matter.
- Providing coverage across Toronto, Brampton, Mississauga, Vaughan, Richmond Hill, and the GTA.
By relying on professionals, landlords protect their rights and ensure compliance with Ontario law.
Common Mistakes to Avoid
- Using the wrong form for the situation.
- Miscalculating notice periods.
- Serving incorrectly (e.g., taping a notice to a door).
- Forgetting proof of service.
- Attempting “self-help” eviction tactics, which are illegal.
Final Thoughts
Serving an eviction notice in Ontario is the critical first step in the legal eviction process. Landlords must use the correct forms, follow timelines, and serve notices properly to comply with the Residential Tenancies Act. Any errors can delay your case or lead to dismissal.
For landlords who want to avoid costly mistakes, working with Select Serve and File Process Server Inc. ensures your eviction notice is delivered professionally, accurately, and in compliance with Ontario law.
Frequently Asked Questions
Yes, but hiring a professional process server reduces the risk of mistakes.
It depends on the reason. Non-payment often requires 14 days, while landlord’s use or renovations may require 60–120 days.
Refusal does not invalidate service. If they don’t comply, you can proceed to the LTB.
Yes, an affidavit of service is required for LTB hearings.
Only if the tenant has provided written consent.
Professional servers can use skip tracing to find them.
