Being served an eviction notice in Ontario can be stressful and overwhelming, but understanding your legal options can help you gain valuable time and potentially resolve outstanding issues. Whether you are facing eviction for late rent, property concerns, or other reasons, Ontario tenants have specific rights and processes designed to ensure fairness under provincial law. Knowing how to lawfully delay an eviction gives you the opportunity to address problems, seek legal remedies, or prepare for next steps.

Your Rights and the Eviction Process in Ontario

Evictions in Ontario are governed by the Residential Tenancies Act, 2006^[1]. The Landlord and Tenant Board (LTB) is the official tribunal overseeing residential tenancy disputes, including evictions. Eviction usually follows a formal process—tenants cannot be lawfully forced out without an LTB order.

• Landlords must serve a written eviction notice with a specific reason and correct forms.
• Common notices include the Notice to End your Tenancy for Non-Payment of Rent (N4) and Notice to End your Tenancy for Landlord's Use of Property (N12).
• Tenants have the right to respond and attend a hearing before eviction is ordered.

For an overview of rights and responsibilities beyond eviction, read Tenant Rights in Ontario.

Official Eviction Notices and Tenant Response Forms

Each eviction notice has a corresponding timeline and response options. Below are common forms you might encounter:

• N4: Notice to End your Tenancy for Non-Payment of Rent — Used when rent is overdue. You have 14 days (7 if you pay weekly/daily) to pay the rent or move out. If you pay in full, the notice is void.
• N5: Notice to End your Tenancy for Interfering with Others, Damage, or Overcrowding — You typically have 7 days to correct the behavior or problem.
• Other notices (N6, N7, N12, N13) apply to serious issues, owner's use, or renovations. Each has unique rules and timelines.

After the notice period, if the issue isn’t resolved, landlords can apply to the LTB for an eviction hearing using an L1 or L2 Application. Tenants are notified of the hearing by a Notice of Hearing.

Ways to Lawfully Delay an Eviction in Ontario

Delaying an eviction can give you time to resolve the underlying problem, organize finances, or relocate. Ontario law does not allow tenants to simply "refuse" eviction, but you are entitled to due process, and several legal avenues may extend your stay:

1. Remedy the Issue on Your Own

• For non-payment of rent (N4), pay all outstanding rent within the notice period—this stops the process. See the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for payment advice.
• For issues like noise, damage, or subletting (N5), correct the problem within the correction period listed on the notice.

2. File a Tenant Application or Dispute the Notice

If you disagree with the eviction or have not been treated fairly, you can:

• Attend your LTB Hearing — Present evidence, explain your circumstances, or propose remedies.
• File a Tenant Application (T2/T6 forms):
  • T2: Application About Tenant Rights — Use this if your landlord has breached your rights (e.g., not doing repairs, entering illegally). Example: If eviction is due to property damage but the landlord never did needed repairs, you might file a T2.
  • T6: Tenant Application About Maintenance — For maintenance issues affecting your tenancy. Example: Eviction threatens because you withheld rent due to major repair neglect—T6 lets you legally address this.

Filing these applications can trigger a review of your situation and may delay the eviction process until your complaint is resolved. Find application instructions on the official LTB forms page.

3. Request an Extension to Eviction (Request to Review/LTB)

• If you missed your LTB hearing or need more time after an eviction order, you may file a Request to Review an Order (R2) to ask the Board to revisit the decision. This is only granted in specific circumstances (e.g., new evidence, procedural error).
• To request more time to move after an eviction order (typically if you can show hardship), make your case at the LTB hearing or contact the Board before the eviction is enforced.

Key Deadlines and Timelines to Know

• N4 (Non-payment): 14 days before landlord can apply to LTB.
• Notice of Hearing: Usually at least 10 days before the hearing date—you can prepare and gather evidence.
• After LTB order (Eviction granted): Landlord must obtain a Sheriff to enforce—you cannot be forcibly removed without Sheriff involvement.

Acting quickly will maximize your ability to delay or challenge eviction.

Practical Steps: What to Do When Served an Eviction Notice

• Read the notice carefully—note deadlines and reasons.
• Gather documents, receipts, and correspondence related to your situation.
• Contact free tenant support or legal clinics in Ontario for advice.
• Respond in writing and attend your LTB hearing—missing the hearing can speed up eviction.

For common rental challenges, see Common Issues Tenants Face and How to Resolve Them.

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FAQ: Delaying Eviction in Ontario

1. Can my landlord evict me without an LTB order?
   No, your landlord must apply to the Landlord and Tenant Board (LTB) and receive an eviction order to legally enforce an eviction.
2. What if I pay my rent after receiving an N4 notice?
   If you pay all the outstanding rent within the notice period, the eviction process for non-payment ends and you can stay in your rental home.
3. Can I appeal or delay an eviction order?
   Yes, you may file a Request to Review (Form R2) with the LTB if there is new evidence or a legal error, or request more time to move if facing hardship.
4. Do I have to move out immediately after losing at the LTB?
   No, your landlord must enforce the eviction through the Sheriff. You usually have a few days before the Sheriff enforces the eviction after the Board's order.
5. Where can I get help with my eviction case?
   Contact a local community legal clinic, tenant advocacy group, or the LTB for support and advice.

Key Takeaways for Ontario Tenants

• Evictions follow a strict legal process—landlords cannot forcibly evict without LTB approval.
• Responding to eviction notices and attending all hearings is critical to delay or challenge removal.
• Use official forms like the T2, T6, and R2 to defend your rights, and seek legal guidance early in the process.

Need Help? Resources for Tenants

• Landlord and Tenant Board of Ontario (LTB) – Forms, applications, and information
• Community Legal Clinics – Find locations at Legal Aid Ontario
• Advocacy Centre for Tenants Ontario (ACTO) – Tenant rights information and legal support
• For more information on your rights and responsibilities, see Tenant Rights in Ontario

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1. Residential Tenancies Act, 2006 – Full text on Ontario.ca
2. Landlord and Tenant Board (LTB) – Official site
3. Forms and applications – LTB Forms
4. T2 and T6 application forms – Tribunals Ontario Forms
5. Legal Aid Ontario – Legal Clinics Listings

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