Tenant Damaging Your Property? A Complete Legal Guide for Ontario Landlords

In Ontario, landlords often face two major nightmares:

1. Tenants who refuse to pay rent
2. Tenants who intentionally damage the property

When walls are smashed, floors are flooded, or furniture is destroyed, many landlords’ first reaction is: “I’ll kick them out right now!”

However, under Ontario’s Residential Tenancies Act (RTA), any self-help eviction — such as changing locks, cutting off water or power, or removing tenants’ belongings — is considered illegal eviction.Doing so may lead not only to fines but also potential compensation claims against the landlord.

The only legal way to protect your rights is to strictly follow the RTA’s official process.

Step 1: Issue an Official Notice — Form N5

Form Name: Notice to End a Tenancy for Interfering with Others, Damage, or Overcrowding (Form N5)

When to Use: If a tenant:

• Intentionally or negligently damages the property (e.g., broken doors, holes in walls, water damage)
• Disturbs other tenants or neighbours (noise, threats, harassment, etc.)
• Causes overcrowding or violates health and safety standards

Notice Requirements:

• Clearly describe the incident (date, damage details, behaviour)
• Give the tenant 7 days to correct or repair the damage
• If the tenant fully repairs or compensates within 7 days, the notice becomes void
• If not corrected, the landlord may proceed with eviction after the notice period ends

The N5 form and all other essential Ontario landlord forms can be downloaded inside the MyHome365 Premium App. https://yy0bj.app.link/

Step 2: File an Eviction Application — Form L2

Form Name: Application to End a Tenancy and Evict a Tenant (Form L2)

Purpose: To remove tenants who cause property damage, disturbances, or improper use of the unit.

Filing Fees:

• Online: around $201
• By mail: around $186

Documents Required:

• Lease agreement
• Photos or videos showing damage
• Repair quotes or invoices
• Copy and proof of service of the N5 Notice

Step 3: LTB Hearing (Tribunal Review)

The Landlord and Tenant Board (LTB) will send a Notice of Hearing, usually held via Zoom video conference.

Landlords should prepare:

• Evidence list (photos, repair reports, invoices)
• Copy and proof of N5 notice delivery
• Witness statements, if available

Tenants have the right to defend themselves, for example, by claiming the damage was accidental or exaggerated.

Possible Outcomes:

• Eviction Order: Tenant must move out by a set date
• Compensation Order: Tenant pays for repair costs
• Conditional Order: Tenant may fix the issue by a certain deadline to avoid eviction

Step 4: Enforce the Eviction — Through the Sheriff’s Office

If the tenant ignores the eviction order and refuses to leave:

• The landlord must bring the Eviction Order to the Sheriff’s Office for enforcement.
• Only a court-appointed sheriff can physically remove the tenant.

Landlords cannot:

• Change locks
• Cut off water, heat, or electricity
• Remove or dispose of the tenant’s belongings

All forced evictions must be carried out by the Sheriff; otherwise, it’s illegal.

Step 5: Recover Damages or Outstanding Rent

After the tenant has vacated but still owes money or caused further damage:

• File an L10 Application with the LTB for arrears from a former tenant, or
• Take the case to Small Claims Court (up to $35,000 in damages)

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