Yes. Under Section 4 of the Ontario Human Rights Code (OHRC), 16- and 17-year-olds who have withdrawn from parental control can sign legally binding residential leases in Ontario. If they fail to pay rent, the landlord has the exact same legal right to issue an N4 Notice and evict them through the Landlord and Tenant Board as they would an adult.
Renting out an apartment to a young person can sometimes cause anxiety for landlords, especially when the applicant is legally a minor. In Ontario, youths who have left their family homes to live independently are highly protected. 📍 Whether your rental property is near a university in London, a college in Kingston, or in the downtown core of Toronto, you may eventually encounter a 16- or 17-year-old seeking a lease.
Many landlords mistakenly believe that a lease signed by someone under 18 is void or unenforceable in court. However, the Ontario Human Rights Code (OHRC) specifically empowers emancipated minors to enter into valid tenancy agreements. Because the contract is legally binding, the minor is fully responsible for paying the rent. If they fall into arrears, the landlord cannot call their parents; they must follow the exact same LTB eviction process used for adult tenants.
Step-by-Step Process in Ontario
Evicting a minor for non-payment of rent requires strict adherence to standard LTB procedures. You must not skip steps or attempt illegal “self-help” evictions simply because the tenant is young. The process is heavily regulated to protect both parties.
Step 1: Confirm the Rent is Overdue
The day after the rent is due and unpaid, the tenant is officially in arrears. For example, if rent is due on the first of the month, you can legally take action on the second day. Keep meticulous records of your banking and any text messages where the minor tenant admits they cannot pay the rent.
Step 2: Issue an N4 Notice to End Tenancy
You must fill out and serve an N4 form (Notice to End your Tenancy Early for Non-payment of Rent). Deliver it directly to the tenant’s mailbox or hand it to them. ⚠ Under the Residential Tenancies Act, the N4 notice requires a mandatory 14-day window for the tenant to pay the overdue amount in full and void the notice. However, under Ontario’s Order in Council 618/2026 (pursuant to Bill 60, the Fighting Delays, Building Faster Act, 2025), this notice period is scheduled to be shortened to 7 days starting September 21, 2026. Do not threaten or harass the youth during this period; simply provide the legal form.
Step 3: File an L1 Application with the LTB
If the 14-day notice period (or 7 days for notices served on or after September 21, 2026) expires and the minor has not paid the rent, your next step is to file an L1 Application (Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes) with the Landlord and Tenant Board. You must pay the provincial filing fee and submit a Certificate of Service proving how you gave the youth the N4 form.
Step 4: Attend the LTB Hearing
Once the LTB schedules a hearing, both you and the minor tenant will attend (usually virtually via Zoom). The adjudicator will ask if the rent is owed. The minor may try to ask for a payment plan. If the adjudicator agrees that the rent is unpaid and no reasonable payment plan can be reached, they will issue a formal eviction Order.
Step 5: Enforce the Eviction with the Sheriff
If the minor tenant refuses to leave by the date specified on the LTB Order, you cannot physically remove them or change the locks yourself. You must take the Order to the local Court Enforcement Office. The Sheriff will schedule a time to arrive at the property, legally remove the minor, and allow you to change the locks.
How Much Does it Cost in Ontario?
Evicting any tenant, regardless of their age, involves non-refundable administrative and legal costs:
- LTB Filing Fees: Filing an L1 Application through the LTB’s online portal currently costs $186 CAD (or $201 CAD if filed by paper).
- Paralegal Fees: Hiring an Ontario licensed paralegal to draft the notices and represent you at the LTB hearing typically costs between $800 and $1,500 CAD.
- Sheriff Enforcement Fees: If the tenant refuses to leave, hiring the Court Enforcement Office to physically execute the eviction costs approximately $315 CAD, plus potential mileage fees.
How Long Does the Process Take?
Age does not speed up the provincial legal system. ⏱ Under the current rules, the initial N4 notice requires a 14-day waiting period, though this will be shortened to 7 days for notices served on or after September 21, 2026, under the Fighting Delays, Building Faster Act, 2025 (Bill 60). Once you file the L1 Application, waiting for a hearing date at the massively backlogged Landlord and Tenant Board generally takes between 4 to 8 months. After receiving an eviction order, scheduling the Sheriff can take an additional 2 to 4 weeks, depending on the municipality.
| Under 16 Years Old | Cannot legally sign a binding residential lease in Ontario. Contract is likely void. |
| 16 or 17 Years Old (Emancipated) | Can sign a binding lease. Fully protected by the RTA. Can be sued for arrears and evicted via the LTB. |
Frequently Asked Questions (FAQ)
Can I demand their parents pay the rent?
Only if the parents co-signed the lease as guarantors. If the 16- or 17-year-old signed the lease entirely on their own as an independent youth, the parents have no legal obligation to pay their debts.
Can I refuse to rent to a 16-year-old?
No. Under the Ontario Human Rights Code, it is entirely illegal to discriminate against a housing applicant based on age, provided they are 16 or 17 and have withdrawn from parental control. Refusing them simply because they are young can lead to a human rights complaint.
Will the LTB show mercy because they are young?
The LTB adjudicator must apply the law equally. However, under Section 83 of the RTA, adjudicators have the power to grant relief from eviction. They may be more inclined to give a young, vulnerable tenant a stricter payment plan rather than immediate eviction.
Can the minor tenant legally break the lease?
No. Because the OHRC makes the lease fully binding, a 16- or 17-year-old cannot simply walk away from a fixed-term lease without consequence. They are bound by the standard rules of assignment or breaking a lease early.
Does Children’s Aid Society (CAS) get involved?
In Ontario, CAS generally provides voluntary support to youths aged 16 and 17, but they do not typically intervene in private LTB eviction matters unless there are severe concerns of abuse or immediate danger.
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