If you are a residential landlord in Toronto or elsewhere in Ontario dealing with a non-paying or problematic tenant, you already know one thing: the eviction process is not simple.
Ontario’s Residential Tenancies Act and the Landlord and Tenant Board (LTB) impose strict procedural rules. Even a small mistake can delay your eviction by months — or force you to start over entirely.
As a licensed paralegal regularly assisting Ontario landlords with eviction matters, I see the same errors repeated again and again. This article highlights seven of the most costly eviction mistakes Toronto and Ontario landlords make — and how to avoid them.
Mistake #1: Serving the Wrong Notice (or Using the Wrong Form)
Ontario eviction cases almost always fail because of incorrect notices.
Common problems include:
- Using the wrong form (e.g., N4 vs. N5 vs. N12)
- Completing the form incorrectly
- Serving it improperly
The Landlord and Tenant Board is strict: if the notice is defective, the application will be dismissed, regardless of how strong your case may be.
How to avoid it:
Make sure the correct notice is used, filled out accurately, and served in compliance with LTB rules. A licensed eviction paralegal ensures this is done properly the first time.
Mistake #2: Attempting a “Self-Help” Eviction
Changing locks, shutting off utilities, or pressuring a tenant to leave without an LTB order is illegal in Ontario.
Even when a tenant:
- Owes rent
- Is damaging the unit
- Is causing disturbances
A self-help eviction can result in:
- Tenant applications against you
- Rent abatements
- Administrative fines
- Orders allowing the tenant back into the unit
How to avoid it:
Always follow the legal eviction process through the Landlord and Tenant Board.
Mistake #3: Saying the Wrong Thing to the Tenant
Text messages, emails, and casual conversations often end up as exhibits at the hearing.
Landlords sometimes:
- Threaten eviction improperly
- Admit procedural mistakes in writing
- Use emotional or inflammatory language
- Contradict their own case unintentionally
This can seriously undermine credibility before the LTB.
How to avoid it:
Communicate carefully and professionally — or allow a paralegal to manage communications related to the eviction.
Mistake #4: Poor Documentation of Rent Arrears or Issues
At the hearing, the LTB expects clear, organized evidence.
Problems include:
- Incomplete rent ledgers
- Missing payment records
- Vague claims about damage or disturbances
- No supporting documents or photos
Without proper evidence, even valid claims can fail.
How to avoid it:
Maintain accurate records and prepare a complete evidentiary package before the hearing.
Mistake #5: Assuming All Evictions Are the Same Across Ontario
While Ontario law is province-wide, LTB hearing practices vary, and different eviction grounds require different strategies.
For example:
- Non-payment cases differ significantly from other cases, such as non-payment of utilities.
- Toronto-area hearings may involve procedural nuances, including those related to the local bylaw.
How to avoid it:
Approach each eviction based on its specific legal grounds and current LTB expectations.
Mistake #6: Waiting Too Long to Get Professional Help
Many landlords seek help after the application has already failed.
By that point:
- Notices may be invalid
- Timelines may have expired
- The process must start over
This can add months of lost rent.
How to avoid it:
Consult a licensed paralegal early — ideally before serving the first notice.
Learn more about our eviction services for Ontario landlords.
Now that we’ve covered the most common eviction mistakes Ontario landlords make, below are answers to questions landlords frequently ask before starting the eviction process.
Frequently Asked Questions About Evictions in Toronto and Ontario (FAQ)
How long does an eviction take in Toronto?
Timelines vary, but delays are common. Errors in notices or applications can significantly extend the process.
Can a landlord evict a tenant without an LTB order?
No. Evictions in Ontario require an order from the Landlord and Tenant Board, enforced by the Sheriff.
What is the most common eviction mistake landlords make?
Serving an incorrect or defective notice is the most common and costly mistake.
Should I hire a paralegal for an eviction?
For most Ontario landlords, hiring a licensed paralegal helps avoid delays, procedural errors, and unnecessary costs.
Can eviction mistakes really delay my case?
Yes. Many cases are dismissed solely due to technical errors, requiring landlords to restart the process.
Need Help with an Eviction in Toronto or Ontario?
Eviction mistakes are expensive — especially in today’s LTB environment.
If you are a residential landlord in Toronto or anywhere in Ontario, dealing with:
- Non-payment of rent
- Persistent tenant issues
- An upcoming LTB hearing
Speaking with a licensed paralegal experienced in Ontario eviction matters can help protect your rights and move the process forward correctly.
Spectrum Paralegal Services assists Ontario landlords with eviction applications, LTB hearings, and related disputes.
