Many Ontario landlords assume that if a tenant has breached the lease, eviction is straightforward. In reality, eviction applications are dismissed every day — often for procedural reasons that could have been prevented.
At the Landlord and Tenant Board (LTB), the process is technical. Even when the landlord has a legitimate reason to terminate the tenancy, errors in notices, evidence, or procedure frequently result in dismissal.
This post explains the most common reasons eviction applications fail — and what landlords can do differently.
Using the Wrong Eviction Notice
One of the most common dismissal reasons is serving the incorrect notice form.
Each notice (N4, N5, N6, N7, N8, N12, N13) applies to a specific legal ground. If the wrong notice is used, the application cannot succeed — even if the tenant clearly breached the tenancy.
“Ontario eviction notices explained.”
Errors in the Notice Itself
Even when the correct form is used, mistakes inside the notice often lead to dismissal.
Common notice errors include:
- Incorrect termination dates
- Mathematical errors in rent arrears
- Insufficient or vague information in the notice.
- Failing to provide required compensation (for example, under an N12)
- Inconsistency between the notice and the eviction application
Improper Service of the Notice
Serving a notice incorrectly is another frequent issue.
If a landlord cannot prove proper service in accordance with the rules under the Residential Tenancies Act, the Board may dismiss the application — regardless of the merits.
Proof of service is not a technicality. It is a required element of the case.
Insufficient Evidence at the Hearing
At the hearing stage, many landlords rely too heavily on verbal explanations.
However, the LTB decides cases based on:
- Documentary evidence
- Consistent testimony
- Proof that aligns with the notice served
Applications are often dismissed because:
- Rent claimed does not match the N4
- Behaviour allegations under an N5 are vague
- N12 “own use” intentions are not supported by evidence
- Renovation plans under an N13 are incomplete
“Evidence landlords need at the LTB.”
Premature or Strategic Mistakes
Sometimes dismissal occurs because the landlord:
- Served a notice too early
- Filed the application before the notice period expired
- Calculate the rent using incorrect rental periods
- Failed to follow up with a second N5 where required
“Ontario eviction process step by step.”
Bad Faith Findings
Applications under N12 and N13 are heavily scrutinized.
If the Board finds that the landlord’s stated reason was not genuine, the consequences may include:
- Dismissal
- Compensation orders
- Administrative fines
- Future scrutiny in later applications
In Toronto, N13 applications may also fail where proper municipal approvals are missing.
Procedural Fairness and Tenant Relief
Even where the tenant breached the tenancy, the Board may consider:
- Payment plans
- Circumstances affecting the tenant
- Whether eviction is proportionate
This is why strong preparation matters. A technically valid case can still fail if it is poorly presented.
The Cost of a Dismissal
When an eviction application is dismissed, landlords often face:
- Months of additional delay
- Continued rent arrears
- Restarting the notice process
- Additional filing and legal fees
In practice, dismissal is not a minor setback — it can significantly extend the timeline.
“How long does an eviction take in Toronto?”
How Landlords Reduce the Risk of Dismissal
Landlords who succeed consistently:
- Choose the correct notice
- Calculate arrears carefully
- Document incidents properly
- Review evidence before filing
- Ensure compliance with statutory timelines
Professional review before serving notice is often far less costly than restarting the process after dismissal.
Speak With an Eviction Professional Before Filing
Many landlords seek assistance only after their application has been dismissed. At that stage, valuable time has already been lost.
Early review of notices, service, and evidence can significantly reduce the risk of dismissal.
