Frequently Asked Questions

Common Landlord Questions Answered
Get expert answers to your landlord-tenant law concerns

Your Questions, Expert Answers

Over my 11+ years specializing in landlord-tenant law, I've answered thousands of questions from residential landlords across Ontario. Here are the most common questions I receive, along with practical answers to help you understand your rights, responsibilities, and options as a landlord under the Residential Tenancies Act.

Eviction Process

Questions about notices, applications, and evicting tenants

Rent & Arrears

Rent collection, increases, and outstanding payments

LTB Procedures

Board applications, hearings, and legal processes

Legal Requirements

Compliance, documentation, and landlord obligations

How long does it take to evict a tenant for non-payment of rent?

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The eviction process typically takes 3-5 months from start to finish. You must first serve an N4 notice (14-day notice to pay or vacate), then wait for the deadline to pass before filing an L1 application with the LTB. Currently, L1 applications are being scheduled for hearings within approximately 3 months. After receiving an eviction order, there's an 11-day stay period before the Sheriff can enforce the eviction.

Can I increase rent above the annual guideline?

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Yes, but only with LTB approval through an L5 application for Above Guideline Increases (AGI). Valid reasons include extraordinary municipal tax increases, capital expenditures for major renovations or repairs, or increased security service costs. You must provide detailed documentation and evidence to support your request.

What notice do I need to give to evict a tenant for cause?

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It depends on the reason: N5 (20-day notice for interfering with others or damage), N6 (10-day notice for illegal acts), N7 (10-day notice for serious impairment of safety), or N8 (60-day notice for persistent late payment). Most N5 notices are voidable if the tenant corrects the problem within 7 days.

Can I evict a tenant to move in a family member?

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Yes, using an N12 notice with 60 days' notice for personal use by you or your immediate family member. You must pay the tenant one month's rent compensation and have genuine intention to occupy the unit for at least one year. The LTB will scrutinize these applications carefully.

What happens if I don't attend the LTB hearing?

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If you're the applicant and don't attend, your application will likely be dismissed. You can request to reopen the hearing within 30 days if you had a valid reason for not attending. Always ensure you or your representative attends all scheduled hearings.

How much can I charge for a security deposit?

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You can only collect a rent deposit equal to one month's rent, not a security deposit. This rent deposit must be applied to the last month's rent and cannot be used for damage or cleaning. Key deposits are limited to the actual cost of replacement.

Can I enter my tenant's unit without permission?

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Only in emergencies or with proper notice: 24 hours written notice for inspections/repairs (between 8 AM and 8 PM), or with tenant consent. You can enter without notice only in genuine emergencies threatening health, safety, or property damage.

What's the difference between L1 and L9 applications?

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L1 is for eviction AND collecting rent arrears from current tenants. L9 is only for collecting rent money (no eviction) and can be used for both current tenants and former tenants. Use L1 when you want both eviction and money; use L9 when you only want money.

How do I properly serve notices and documents?

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Service methods include: giving personally to the tenant, leaving with an adult in the unit, placing in the mailbox, sliding under the door, or posting in a visible location. Always complete a Certificate of Service form documenting how and when you served the documents.

Can I refuse to renew a lease when it expires?

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Fixed-term leases automatically become month-to-month unless you have valid grounds for termination (like N12 for personal use). You cannot simply refuse to renew without legal cause. The tenancy continues until properly terminated according to the RTA.

What should I do if a tenant damages my property?

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Document the damage with photos, get repair estimates, and serve an N5 notice if ongoing. You can include damage claims in L2 applications or file L10 applications to collect money for damages. The maximum claim at LTB is $35,000.

How often can I inspect my rental property?

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There's no specific limit, but inspections must be reasonable and necessary. Typical reasons include annual inspections, maintenance checks, or investigating complaints. You must give 24 hours written notice each time and conduct inspections between 8 AM and 8 PM.

Can I evict a tenant for having unauthorized occupants?

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Tenants can have guests and roommates. You can only evict if the occupancy causes overcrowding, damages, or substantially interferes with other tenants. Use an N5 notice for the specific problems caused, not simply for having additional occupants.

What's the current rent increase guideline for 2025?

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The 2025 rent increase guideline is set by the Ministry of Municipal Affairs and Housing each year. Check the Ontario.ca website for current rates. Remember, you need 90 days written notice to increase rent, and increases are limited to once every 12 months.

Can I charge the tenant for utilities?

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Only if it's specified in the lease agreement or if you apply for an Above Guideline Increase when you start providing utilities that tenants previously paid directly. You cannot unilaterally change who pays utilities mid-tenancy without LTB approval.

How long do I have to apply to the LTB after serving notice?

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You must apply within 30 days after the termination date in your notice. For example, if you serve an N4 with a termination date of January 31st, you must file your L1 application by February 30th (or the last day of February if shorter).

What evidence should I bring to an LTB hearing?

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Bring copies of all notices served, proof of service, lease agreements, rent receipts, photos of damage, repair estimates, witness statements, and any relevant correspondence. Submit evidence to the LTB and serve copies on the tenant before the hearing deadline.

Can I change the locks if a tenant abandons the unit?

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Only after getting an LTB order or if the tenant has clearly abandoned the unit (returned keys, removed belongings, confirmed in writing). Changing locks without proper authority can result in significant penalties and compensation claims.

How much does it cost to file applications with the LTB?

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Application fees vary by type: L1 applications are $201, L2 applications are $201, L9 applications are $201. Additional fees apply for some applications. Fee waivers may be available in financial hardship cases. All fees are non-refundable.

Can I evict a tenant for smoking in a non-smoking unit?

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Yes, if you have a no-smoking clause in the lease and can prove the tenant is smoking. Serve an N5 notice for breach of lease terms. Document evidence of smoking (photos, witness statements, odor complaints from other tenants).

What happens if the tenant pays after I file an eviction application?

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For L1 applications, tenants can void the application by paying all arrears and filing fees before the hearing or before the order becomes enforceable. For other applications, late compliance doesn't automatically void the application - the LTB will decide based on all circumstances.

Can I require tenants to have rental insurance?

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Yes, you can include a clause requiring tenant insurance in the lease agreement. However, you cannot evict solely for not having insurance - you'd need to show actual damage or problems caused by the lack of coverage.

How do I collect money from a former tenant?

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File an L10 application within one year of the tenancy ending. You can claim unpaid rent, utilities, damage repairs, and other costs. After receiving an LTB order, you can enforce collection through Small Claims Court garnishment procedures.

Can I show the unit to prospective tenants before current tenant moves out?

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Yes, but only during the last 30 days of tenancy and with 24 hours written notice for each showing. You can show the unit between 8 AM and 8 PM. The current tenant has the right to be present during showings.

What's the difference between mediation and a hearing at the LTB?

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Mediation is voluntary settlement discussions with an LTB mediator to resolve disputes without a formal hearing. If mediation fails or isn't attempted, the matter goes to a hearing where an LTB member makes a binding decision after hearing evidence from both parties.

Can I refuse to rent to someone with pets?

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You can refuse to rent to pet owners, but once tenancy begins, you cannot evict simply for having pets (except in condos with valid no-pet bylaws). However, you can evict if pets cause damage, allergic reactions, or substantially interfere with other tenants.

How long does the Sheriff take to enforce an eviction order?

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After filing the order with the Court Enforcement Office, the Sheriff typically schedules eviction within 1-3 weeks, depending on their workload. The Sheriff will post a notice giving the tenant 24-72 hours final notice before physical eviction.

Do I need a paralegal or lawyer to represent me at the LTB?

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No, you can represent yourself, but professional representation significantly improves your chances of success. Paralegals and lawyers understand LTB procedures, evidence rules, and legal arguments that can make the difference between winning and losing your case.

What should I do if I make a mistake in my LTB application?

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Contact the LTB immediately to request an amendment. Minor corrections can often be made before the hearing. Significant errors may require withdrawing and refiling the application. Always double-check applications before submission to avoid delays and additional costs.

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