For many landlords, the eviction hearing is unfamiliar territory. Even when the notice was properly served and the application filed correctly, success at the hearing depends on preparation.
The Landlord and Tenant Board (LTB) follows structured procedures. The member will not investigate the case for you — the landlord must prove the claim.
This guide explains what happens at an eviction hearing in Ontario, what you must establish, and how to prepare effectively.
How LTB Eviction Hearings Are Conducted
Most hearings are now conducted:
- By videoconference
- By telephone
- Occasionally in person
At the start of the hearing, the Member will:
- Confirm the parties
- Identify the type of application
- Review preliminary issues (such as service of notice)
If service or notice defects are found, the application may be dismissed before evidence is even heard.
What the Landlord Must Prove
The burden of proof is on the landlord.
Depending on the notice, you must prove:
For N4 (Non-Payment)
- The lawful rent amount
- The amount outstanding
- Proper service of the notice
For N5 (Behaviour or Damage)
- Specific incidents
- Dates and details
- That the conduct meets the legal threshold
For N12 (Own Use)
- Genuine intention to occupy
- Compliance with compensation requirements
For N13 (Renovation or Demolition)
- That vacant possession is required
- Supporting plans or permits
- Compliance with statutory tenant rights
Ontario eviction notices explained.
How Evidence Is Presented
The Member will typically:
- Ask the landlord to present their case
- Allow the tenant to respond
- Permit questions between the parties
- Ask clarifying questions
Documents should be:
- Organized
- Filed in advance where required
- Consistent with the notice and application
Verbal explanations alone are rarely sufficient.
Evidence landlords need at the LTB.
Issues Members Frequently Focus On
Landlords are often surprised by how technical the questioning can be.
Members frequently examine:
- Whether the termination date was correct
- Whether compensation was paid properly (N12/N13)
- Whether rent calculations are accurate
- Whether the notice matches the evidence
- Whether procedural timelines were respected
Even minor inconsistencies can affect credibility.
Tenant Defences You May Encounter
Tenants may raise:
- Disputes about arrears calculations
- Allegations of maintenance issues
- Claims of bad faith (especially under N12 or N13)
- Requests for relief from eviction
Under the Residential Tenancies Act, the Board may consider relief even if the breach is proven.
Possible Outcomes After the Hearing
The Member may:
- Issue an eviction order
- Issue a payment plan order
- Dismiss the application
- Reserve their decision
A written order typically follows after the hearing.
Why eviction applications get dismissed at the LTB.
Common Hearing-Day Mistakes
Eviction applications often fail because:
- Evidence was not organized
- The landlord relied on assumptions
- Important documents were missing
- The landlord was unfamiliar with procedural requirements
Preparation is not just helpful — it is decisive.
Ontario eviction process step by step.
When Professional Representation Makes a Difference
Landlords often represent themselves successfully in straightforward N4 cases. However, applications involving:
- Large arrears
- Behaviour allegations
- Own use (N12)
- Major renovations (N13)
are more technical and heavily scrutinized.
Early preparation and strategic presentation can significantly affect the outcome.
Speak With an Eviction Professional Before Your Hearing
Many landlords seek assistance only after losing at the hearing stage. By then, months of delay may have already occurred.
If you have an upcoming eviction hearing, reviewing your notice, evidence, and presentation strategy beforehand can reduce the risk of dismissal.
