Yes, an Ontario landlord can evict a tenant for consistently leaving garbage in the hallway. You must first issue an N5 Notice for interfering with others’ enjoyment, giving the tenant 7 days to correct the behaviour. If the garbage creates a severe fire or health hazard, you can issue an N7 Notice, and filing for eviction at the Landlord and Tenant Board (LTB) currently costs $186 CAD.
Living in a multi-unit apartment building requires basic respect for shared spaces. Whether your rental property is located in Toronto, Ottawa, or London, leaving rotting garbage bags in the hallway is a serious offence. 🚨 Not only does it create unbearable odours for neighbours, but it also attracts pests like cockroaches and mice. Most importantly, it creates a tripping hazard and violates the Ontario Fire Code by blocking escape routes.
As of June 2026, the Residential Tenancies Act (RTA) strictly protects the rights of all tenants to safely enjoy their building. If one tenant’s improper waste disposal is ruining the environment, the landlord has a legal duty to address it. Ignoring the problem can lead to complaints from other tenants or fines from the municipal property standards office. This guide explains the proper legal steps a landlord must take to stop a tenant from dumping garbage in common areas.
Step-by-Step Eviction Process in Ontario
Evicting a tenant for behavioural issues requires strict documentation. You cannot simply change the locks or throw their belongings away. Following the correct LTB procedures is mandatory. 📝
Step 1: Documenting the Mess
Before speaking to the tenant, gather your evidence. Take clear, date-stamped photographs of the garbage left in the hallway over several days. If other tenants have complained via email or text, save those messages as proof that the behaviour is actively interfering with their reasonable enjoyment of the building.
Step 2: Sending a Written Warning
Often, a simple, polite warning is enough to correct the behaviour. Send a formal letter or email reminding the tenant of the building’s waste disposal rules. State clearly that leaving garbage in the hallway is a fire hazard and a breach of their lease agreement. Keep a copy of this warning for your records. 📧
Step 3: Issuing an N5 Notice
If the tenant ignores the warning and continues to leave trash in the hall, you generally issue an N5 Notice (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding). This form legally warns the tenant that their behaviour is unacceptable. The N5 gives the tenant a strict 7-day “void period” to correct the problem by properly disposing of their waste.
Step 4: Upgrading to an N7 Notice (If Severe)
If the garbage contains hazardous materials, blocks a fire exit, or creates an immediate and severe safety risk, you may choose to issue an N7 Notice instead. Unlike the N5, an N7 Notice does not give the tenant a 7-day chance to fix the issue. It gives a 10-day notice that you are seeking to end the tenancy due to impaired safety.
Step 5: Filing the L2 Application
If the tenant receives the N5 and does not fix the issue within 7 days, or if they repeat the behaviour within six months, you can escalate the matter. You must log into the Tribunals Ontario Portal and file an L2 Application to officially ask the LTB for an eviction order. Ensure you upload all your photos and complaint logs as evidence.
Step 6: Attending the LTB Hearing
Eventually, you will receive a Notice of Hearing from the LTB. During this virtual hearing, you (or your paralegal) will present your evidence to an adjudicator. The tenant will have a chance to defend themselves. The adjudicator will then decide whether to issue a formal eviction order or force the tenant to follow strict compliance rules.
How Much Does it Cost in Ontario?
Dealing with uncooperative tenants can be expensive, especially if the garbage causes property damage or requires legal intervention. Here are the typical costs in CAD.
| Expense | Average Estimated Cost (CAD) |
|---|---|
| LTB L2 Filing Fee (Online) | $186 |
| Paralegal Representation | $500 – $1,500 |
| Professional Pest Control (If infested) | $250 – $600 per unit |
| Fire Department Fine (For blocked exits) | Up to $500,000 (Corporate maximum first offence) |
It is generally much cheaper to resolve the issue early with a strong written warning than to let the problem attract pests and municipal fines.
How Long Does the Process Take?
The timeline for eviction is rarely fast. The initial N5 Notice requires a 20-day notice period, with the first 7 days given to the tenant to correct the behaviour. If they do not comply, filing an L2 Application places you in the LTB queue. As of 2026, waiting for a hearing date and a final eviction order typically takes 4 to 8 months in Ontario.
Frequently Asked Questions (FAQ)
Can I just move the garbage into their apartment?
No. You cannot force the garbage back into the tenant’s private unit, as this could be seen as harassment. You should dispose of the garbage properly to maintain safety, but document the incident before doing so.
What happens if they stop leaving garbage for a week, then start again?
If the tenant corrects the behaviour within 7 days, the N5 is voided. However, if they repeat the offence within six months, you can serve a second N5 Notice. With a second N5, there is no 7-day correction period, and you can file for eviction immediately.
Can I charge the tenant a fee for taking out their trash?
Generally, landlords cannot unilaterally invent new fees or fines for rule-breaking under the RTA. You can only seek out-of-pocket damages through the LTB if their actions caused actual financial loss, like a pest control bill.
Do other tenants have to testify at the hearing?
While written complaints are helpful, having affected neighbours attend the virtual hearing as witnesses makes your case much stronger. Adjudicators prefer to hear directly from the people whose enjoyment was ruined.
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