Tenants in Ontario cannot build permanent decks, large sheds, or fences on the property without the landlord’s explicit written consent. To enforce this, a landlord must serve a Form N5, giving the tenant 7 days to dismantle the unauthorised structure, failing which the landlord can apply to the LTB for an eviction.
Renting a house with a backyard in Ontario is a dream for many, but some tenants take their love for outdoor living a step too far. 📝 In communities from London to Ottawa and Sudbury, landlords frequently discover that a tenant has decided to play weekend contractor, erecting large, unapproved structures like wooden decks, permanent storage sheds, or new fencing. While the tenant might believe they are “improving” the property, unauthorised construction creates massive legal, financial, and safety liabilities for the landlord.
Under the Residential Tenancies Act (RTA) and the standard Ontario lease, tenants are strictly prohibited from making significant alterations to the rental unit or property without written permission. A poorly built deck could violate municipal building codes, trigger fines, or cause a severe injury that the landlord’s insurance refuses to cover. Landlords must act swiftly to demand the removal of these structures, using the proper legal notices to avoid condoning the alteration by silence.
Step-by-Step Process for Handling Unauthorized Structures
You cannot simply show up with a sledgehammer and demolish the tenant’s shed. 💼 Landlords must follow the strict legal procedure laid out by the Landlord and Tenant Board (LTB) to demand removal or seek an eviction.
Step 1: Reviewing the Lease and Assessing Liability
Before taking action, review your Ontario Standard Lease agreement. Section 12 specifically covers changes to the rental unit, confirming the tenant needs permission. Assess the structure: does it penetrate the ground, alter the exterior of the house, or look structurally unsafe? Take clear, date-stamped photographs of the unauthorised construction to use as evidence later.
Step 2: Issuing a Formal Form N5
To initiate the legal process, the landlord must serve the tenant with a Form N5 (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding). 📄 On this form, you must clearly state that the tenant has willfully or negligently damaged the property by altering it, or that the illegal structure is substantially interfering with your lawful rights and creating an insurance liability.
Step 3: The 7-Day Window to Dismantle
The Form N5 provides the tenant with a mandatory 7-day voiding period. During this week, the tenant has the opportunity to cure the breach by completely dismantling the unauthorised deck or shed and restoring the yard to its original condition. If the tenant successfully removes the structure within 7 days, the N5 is voided, and the eviction process stops.
Step 4: Applying to the LTB if the Tenant Refuses
If the 7-day period expires and the wooden deck is still standing, the landlord can proceed to file a Form L2 (Application to End a Tenancy and Evict a Tenant) with the LTB. You can also ask the adjudicator to order the tenant to pay for the out-of-pocket costs of hiring a professional contractor to demolish the structure and haul away the debris.
Step 5: The LTB Hearing and Order
At the hearing, the adjudicator will review the evidence. Generally, if the structure violates the lease and poses a risk, the adjudicator will order the tenant to remove it by a specific date. 🚨 If the tenant still refuses to comply with the LTB order, the adjudicator may grant a standard eviction order, allowing you to hire the Sheriff to remove the tenant.
How Much Does the Eviction Process Cost?
Addressing unauthorised construction can involve both legal fees and physical demolition costs. 💰
| Requirement / Potential Expense | Estimated Cost (CAD) |
|---|---|
| Filing Form L2 Online at the LTB | $186 |
| Hiring a Paralegal for Representation | $1,000 – $2,500+ |
| Contractor Demolition (Charged to Tenant) | $500 – $3,000+ |
Most landlords in this province request that the LTB officially order the tenant to reimburse the demolition costs, though collecting that money later can sometimes be challenging.
How Long Does the Process Take?
The Form N5 requires you to give the tenant a minimum of 20 days’ notice of termination. 🕎 However, if you must follow through with an L2 application and wait for a formal LTB hearing date, the entire process of getting an order to remove the structure can take 4 to 8 months.
Frequently Asked Questions (FAQ)
What if the new deck adds value to the property?
Even if the deck is beautiful and increases property value, the tenant cannot force an alteration on you. You still have the legal right to demand its removal because unauthorised work opens you up to severe building code and insurance liabilities.
Can I just tear the shed down myself?
No. Tearing down the structure yourself while the tenancy is ongoing, without an LTB order or the tenant’s consent, could lead to the tenant filing a Form T2 against you for harassment or illegal entry, complicating your eviction efforts.
Does a temporary pop-up gazebo count as an alteration?
Generally, non-permanent, temporary items like a fabric pop-up gazebo or a small plastic storage box do not count as property alterations. The RTA focuses on permanent changes that involve digging, pouring concrete, or affixing wood to the house.
What if I verbally told the tenant they could build it?
If the tenant can prove you gave verbal consent (for example, through text messages discussing the project), the LTB may rule that you condoned the structure. This makes it incredibly difficult to force them to remove it later.
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