Many Ontario landlords believe that if they are right, the Landlord and Tenant Board will see it their way. Unfortunately, eviction hearings do not work that way.
At the LTB, evidence matters more than explanations. Applications are frequently dismissed not because the landlord lacked a valid reason, but because the required proof was incomplete, unclear, or improperly presented.
This post explains the types of evidence landlords must bring to eviction hearings, common mistakes, and why “telling your side of the story” is rarely enough.
Why Evidence Matters More Than the Reason for Eviction
The LTB decides cases based on:
- Documents
- Testimony
- Consistency between notices, applications, and evidence
If the evidence does not support the notice served, the application fails — even if the tenant is clearly in breach.
Ontario eviction notices explained.
Core Documents Every Landlord Should Have
Most eviction applications require:
- The written tenancy agreement
- The eviction notice (N4, N5, N12, or N13)
- Proof of proper service of the notice.
Missing or inconsistent documents are one of the fastest ways to lose a case.
Evidence for Non-Payment of Rent (Notice N4)
For N4 applications, landlords may need to be prepared to provide:
- A clear rent ledger showing all charges and payments
- Proof of rent amount (lease or lawful increase notice)
- Bank records or receipts supporting the ledger
Common N4 Evidence Mistakes
- Math errors in arrears calculations
- Ledgers that don’t match the notice
- Accepting rent without adjusting the amount of the rent paid
How long an eviction takes in Ontario.
Evidence for Behaviour or Damage (Notice N5)
N5 applications often fail because evidence is too vague.
Strong N5 evidence may include:
- Incident logs with dates and details
- Photos or videos of damage
- Written complaints from other tenants or neighbours
- Repair invoices or estimates
- Witness testimony, when available
General statements like “the tenant is disruptive” are rarely sufficient.
Evidence for Own Use or Purchaser’s Use (Notice N12)
N12 applications receive heightened scrutiny.
Landlords should expect to prove:
- Who will occupy the unit
- When occupancy will begin
- Why the unit is genuinely required
Evidence may include sworn declarations, purchase agreements, or corroborating documents.
When to hire a paralegal for an eviction.
Evidence for Renovation or Demolition (Notice N13)
N13 applications require particularly strong documentation.
This may include:
- Detailed renovation or demolition plans
- Building permits and approvals
- Proof that the unit must be vacant to complete the renovation
- Compliance with tenant compensation and rights
In Toronto, municipal approvals are required and are often closely examined.
Common Evidence Mistakes That Lead to Dismissal
Eviction applications are often dismissed because:
- Evidence contradicts the notice
- Documents are incomplete or late
- Testimony is inconsistent
- Key facts are unsupported
The LTB does not correct these issues on a landlord’s behalf.
How Evidence Fits Into the Eviction Process
Evidence is not something to prepare at the hearing — it must align with:
- The notice
- The application
- The legal grounds relied upon
Ontario eviction process step by step.
Getting Help Before the Hearing Matters
Many landlords seek assistance only after their application is dismissed. At that point, months are already lost.
Early review of notices, applications, and evidence often determines whether an eviction succeeds or fails.
Eviction services for landlords.
