In Ontario, you can generally evict a tenant for causing severe water damage by leaving the water running. Depending on the severity and whether it was negligent or deliberate, landlords can serve an N5 Form (for damage) or an N7 Form (for seriously impairing safety), followed by filing an L2 application with the Landlord and Tenant Board (LTB). The LTB filing fee is $186 CAD when filing online, or $201 CAD on paper.
Managing rental properties in busy Ontario cities like Toronto, Mississauga, or Ottawa comes with its fair share of maintenance headaches. However, few things are as stressful-and expensive-as dealing with a tenant who carelessly leaves the bathtub, sink, or shower running, causing massive flooding. Water damage can quickly destroy drywall, ruin flooring, and create dangerous mould that spreads to neighbouring units. Under the Residential Tenancies Act (RTA), tenants have a strict legal duty to repair or pay for any undue damage they or their guests cause to the rental unit or residential complex.
When a tenant repeatedly or severely floods an apartment through sheer negligence, it is no longer just a maintenance issue; it becomes grounds for eviction. ⚠ The Landlord and Tenant Board (LTB) recognizes the extreme financial burden water damage places on property owners. However, you cannot simply lock the tenant out or shut off their water supply. You must follow the strict legal pathways provided by the LTB, ensuring you have professional documentation to prove the tenant’s behaviour directly caused the flooding.
Step-by-Step Process in Ontario
Evicting a tenant for property damage requires precision. If your LTB forms are filled out incorrectly, or if you lack sufficient evidence, an adjudicator may dismiss your case entirely, forcing you to start over.
Step 1: Stop the Leak and Document the Damage
The immediate priority is mitigating the damage to your property. 📸 Under the RTA, a landlord has the right to enter the unit without 24 hours’ written notice in the event of an emergency, such as an active flood. Once the water is shut off, take extensive photographs and videos of the overflowing fixtures, the water pooling on the floors, and the damage to ceilings in any units below. This visual evidence is critical for your future LTB hearing.
Step 2: Obtain a Professional Plumber’s Report
You cannot simply tell the LTB adjudicator that the tenant was careless; you need expert proof. Hire a licensed Ontario plumber to inspect the fixtures. The plumber must provide a detailed written invoice and report confirming that there were no mechanical failures (e.g., a burst pipe) and that the flood was explicitly caused by human error, such as a blocked drain combined with a faucet left running.
Step 3: Choose the Correct Eviction Notice (N5 vs. N7)
Deciding which form to serve depends on the severity of the tenant’s behaviour. 📝 If this is a first-time mistake causing moderate damage, you generally serve a Form N5 (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding). The N5 gives the tenant 7 days to “void” the notice by paying for the plumbing and repair costs. If the tenant’s actions were deliberate, or if the flooding seriously impaired the safety of the building (e.g., water destroying electrical panels), you may serve a Form N7. Unlike the N5, an N7 is not voidable, meaning the tenant cannot simply pay to cancel the eviction.
Step 4: File the L2 Application with the LTB
If you served an N5 and the tenant refused to pay for the repairs within 7 days, or if you served an N7, your next step is to file with the LTB. You must submit a Form L2 (Application to End a Tenancy and Evict a Tenant) through the LTB’s Tribunals Ontario Portal. Be sure to upload your plumber’s report, photographs, and repair invoices as evidence. The LTB will then schedule a hearing date.
Step 5: Attend the LTB Hearing
At the hearing, you or your legal representative will present your evidence to the adjudicator. ⚖ You must prove on a balance of probabilities that the tenant’s negligence caused the flood. If successful, the adjudicator will issue an eviction order and may also order the tenant to pay you for the repair costs. If the tenant still refuses to leave, you will take the LTB order to the local Court Enforcement Office (Sheriff) to perform the physical eviction.
How Much Does it Cost in Ontario?
Dealing with water damage and LTB evictions can heavily impact your cash flow. 💵 Here are the typical costs a landlord in Ontario can expect to face:
- Plumber / Assessment Fees: A licensed plumber will typically charge between $150 CAD and $350 CAD for an emergency call and a written diagnostic report.
- LTB Filing Fee: Filing an L2 Application online costs $186 CAD, while filing by mail or in person costs $201 CAD.
- Paralegal Fees: Retaining an experienced LTB paralegal or lawyer to represent you generally costs between $800 CAD and $1,500 CAD.
- Sheriff Eviction Fee: If the tenant does not leave voluntarily after the order is issued, the Sheriff’s fee is approximately $315 CAD, plus potential mileage.
How Long Does the Process Take?
Evictions in Ontario are rarely fast, largely due to backlogs at the LTB. When serving an N5, you must give the tenant 20 days’ notice (with a 7-day window to void it). An N7 requires only 10 days’ notice. Once you file the L2 application, waiting for an LTB hearing date currently takes anywhere from 4 to 8 months. If you win your case, the Sheriff may take an additional 2 to 4 weeks to enforce the eviction.
Comparing N5 and N7 Eviction Notices
| Feature | Form N5 (Damage) | Form N7 (Safety / Severe Damage) |
|---|---|---|
| Notice Period | 20 Days | 10 Days |
| Is it Voidable? | Yes. Tenant has 7 days to pay for repairs to cancel the notice. | No. The landlord can proceed directly to eviction. |
| Best Used For | Accidental overflow, moderate damage, first offence. | Wilful destruction, severe flooding impacting building safety, electrical hazards. |
Frequently Asked Questions (FAQ)
Can I shut off the tenant’s water to prevent more floods?
No. Under the RTA, withholding a vital service like water is strictly illegal, even if the tenant is damaging the unit. Doing so can result in the tenant filing a T2 application against you, which may lead to massive fines from the LTB.
Can I evict them if their washing machine leaked?
It depends. If the tenant brought in an unauthorized, faulty washing machine, or negligently hooked it up, you may have grounds for an N5. However, if you provided the washing machine, you as the landlord are responsible for maintaining it.
What if the tenant refuses to pay for the plumber’s bill?
If the tenant refuses to pay the repair costs outlined in the N5 within the 7-day void period, the notice becomes active. You then file the L2 application to evict them and ask the adjudicator to include the repair costs in the final judgement.
Do I need to hire a paralegal for an N5?
While not legally required, it is highly recommended. N5 forms are notoriously complex, and any minor error in detailing the damage or repair costs can cause the LTB adjudicator to dismiss your application entirely due to a technicality.
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