In Ontario, a lease automatically becomes a month-to-month tenancy when it expires. You cannot force a tenant to leave simply because the year is up. You must serve a valid notice and apply to the Landlord and Tenant Board (LTB) for an eviction order, which carries a $186 CAD filing fee.
Being a landlord in Hamilton can be a great investment, but it also comes with strict legal responsibilities. One of the most common misunderstandings in Ontario real estate is what happens when a standard one-year lease ends. Many landlords assume the tenant must pack up and leave on the final day. This is completely false.
Under the Residential Tenancies Act (RTA), tenants have immense security of tenure. A lease expiry does not mean an eviction. If you want a tenant to leave your Hamilton property, you must have a valid legal reason, and you must navigate the provincial tribunal system. Attempting a “self-help” eviction can result in massive fines against you.
Step-by-Step Eviction Process in Hamilton, Ontario
If you have a valid reason to end the tenancy-such as wanting to move into the house yourself, or the tenant has stopped paying rent-you must follow a rigid legal process. Skipping a step will cause the tribunal to throw out your case.
Step 1: Understand Month-to-Month Tenancy
Acknowledge that the expired lease is now a legal month-to-month agreement. All the original rules of the lease still apply. You absolutely cannot change the locks, cut off the hydro, or move their belongings to the curb. Doing so is a severe provincial offence.
Step 2: Serve the Correct LTB Notice
To ask the tenant to leave, you must serve the proper official form from the Landlord and Tenant Board. For example, if you or an immediate family member are moving in, you serve an N12 Form and provide them with one month’s rent in compensation. If they are constantly paying rent late, you serve an N8 Form.
Step 3: File an Application with the LTB
Tenants have the right to wait for a hearing; they do not have to leave just because you gave them a form. To enforce the notice, you must file an application (usually an L2 Form) with the LTB to schedule a formal hearing. A tribunal adjudicator will review the evidence to decide if the eviction is lawful.
Step 4: Enforce the Eviction with the Sheriff
If the LTB rules in your favour, they will issue an Eviction Order. If the tenant still refuses to leave Hamilton, you take this order to the local Court Enforcement Office (the Sheriff). Only the Sheriff has the legal authority to physically remove the tenant and change the locks.
Common Valid Reasons for Eviction in Ontario
You cannot evict someone just because you want a new tenant who will pay higher rent. The RTA strictly limits your reasons.
| Reason for Eviction | Required Form |
|---|---|
| Personal Use by Landlord or Buyer | Form N12 (Requires 60 days’ notice and compensation equivalent to 1 month’s rent). |
| Non-Payment of Rent | Form N4 (Gives the tenant 14 days to pay the missing rent or face a hearing). |
| Major Renovations or Demolition | Form N13 (Requires 120 days’ notice and compensation; tenant has a right of first refusal to return). |
How Much Does it Cost in Hamilton?
Evicting a tenant legally requires paying administrative tribunal fees and, usually, hiring a legal professional.
- LTB Filing Fees: Filing an L2 application online with the Landlord and Tenant Board currently costs $186 CAD (or $212 CAD if filed on paper).
- Paralegal / Lawyer Fees: Many landlords hire a paralegal or real estate lawyer to handle LTB matters. Fees can range from $800 to $2,500+ CAD to manage the paperwork and represent you at the hearing.
- Sheriff Fees: If you need the Hamilton Court Enforcement Office to enforce the order, the fee is approximately $315 CAD, plus a minor mileage charge for their travel to your rental property.
How Long Does the Process Take?
Patience is mandatory. The LTB has faced significant backlogs in recent years. After you file your application, it typically takes 4 to 8 months just to get a hearing date assigned. Once the adjudicator issues an eviction order, the Sheriff’s office usually takes another 2 to 4 weeks to execute the physical eviction. The entire ordeal can easily stretch close to a year.
Frequently Asked Questions (FAQ)
What is a Cash for Keys agreement?
Because the LTB process takes so long, many landlords negotiate a “Cash for Keys” deal. You offer the tenant a lump sum of money (e.g., 3 to 6 months of rent) in exchange for them voluntarily signing an N11 Form (Agreement to End the Tenancy) and leaving early.
Can I evict a tenant to sell the house?
You cannot evict a tenant simply to put the house on the market. However, if you sign a firm Agreement of Purchase and Sale and the buyer wants to move in, you can serve an N12 on behalf of the purchaser.
What happens if the tenant damages the property before leaving?
If the tenant causes wilful or negligent damage, you can serve an N5 notice. You can also file an application with the LTB or a claim in Hamilton Small Claims Court to recover the repair costs.
Can I just raise the rent to force them out?
No. Unless the property was first occupied for residential purposes after November 15, 2018 (which exempts it from rent control), you can only raise the rent by the provincial guideline amount once every 12 months, which is usually around 2.5%.
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