Throwing objects from a high-rise balcony is a severe life-safety hazard in Ontario. Landlords can issue an expedited N7 Notice to End your Tenancy for Causing Serious Problems in the Rental Unit. This notice gives the tenant 10 days to move out with no opportunity to void the notice, and filing at the Landlord and Tenant Board (LTB) costs $186 CAD.
Living in high-density urban centres like Toronto, Mississauga, or Ottawa comes with shared responsibilities. When a tenant routinely throws rubbish, glass bottles, or even furniture from their balcony, it is not merely a nuisance—it is an immediate threat to the lives of pedestrians and neighbours below. As a landlord, tolerating this behaviour exposes you to massive civil liability and potential property damage claims.
Generally, under Ontario’s Residential Tenancies Act (RTA), tenants have a legal obligation not to impair the safety of others or severely damage the residential complex. Because propelling objects from a height is a critical safety risk, landlords do not have to give the tenant a second chance to correct their behaviour. Most property owners in this province choose to work with an experienced paralegal or landlord-focused lawyer to aggressively fast-track the eviction process through the Landlord and Tenant Board (LTB). ⚠️
Step-by-Step Process in Ontario for an N7 Eviction
Evicting a tenant for dangerous behaviour requires urgent and precise legal action. The process generally follows these steps to ensure the LTB recognises the immediate threat and grants an eviction order without delay.
Step 1: Document the Hazards and Call the Police
The moment you are informed that a tenant is throwing objects, you must gather ironclad evidence. Collect CCTV footage from the ground floor, take photographs of the debris, and obtain written statements from neighbouring tenants who witnessed the event. Furthermore, because throwing objects from a balcony can be considered criminal mischief or even an indictable offence like assault with a weapon, you should contact the local police. A police report drastically strengthens your LTB case.
Step 2: Serve the N7 Notice Immediately
Unlike a standard N5 notice for noise complaints, you will use an N7 Notice to End your Tenancy for Causing Serious Problems. The N7 notice applies when a tenant seriously impairs the safety of any person or willfully damages the unit. This notice gives the tenant just 10 days to terminate the lease. Crucially, there is no 7-day correction period; the tenant cannot simply promise to stop throwing things to void the notice. 📝
Step 3: File an L2 Application with the LTB
Do not wait for the 10 days to expire before taking the next legal step. As soon as you serve the N7, you should immediately file an L2 Application to End a Tenancy and Evict a Tenant with the LTB. Filing promptly reserves your spot in the queue, as tribunal backlogs in Ontario can be significant.
Step 4: Submit a Request to Shorten Time
Because falling objects present a severe, ongoing danger to the public, waiting six months for a standard LTB hearing is unacceptable. Your legal representative should file a “Request to Extend or Shorten Time” form. By attaching the police reports and witness affidavits, you can petition the LTB adjudicator to expedite your hearing, sometimes securing a tribunal date in a matter of weeks. ⏱️
Step 5: Attend the LTB Hearing and Enforce the Order
At the hearing, you must clearly prove that the tenant’s actions jeopardise public safety. If successful, the adjudicator will issue an eviction order. If the tenant still refuses to vacate the high-rise unit, you must take the order to the local Court Enforcement Office. Only the Sheriff has the legal authority to physically remove the tenant and change the locks.
How Much Does it Cost in Ontario?
Addressing an urgent safety eviction involves mandatory provincial tribunal fees and legal representation costs. Below is a standard breakdown in Canadian dollars (CAD):
| Service / Phase | Estimated Cost (CAD) | Description |
|---|---|---|
| LTB Filing Fee (L2 Application) | $186 | Standard provincial fee to file for eviction online via the LTB portal. |
| Paralegal / Lawyer Retainer | $1,200 – $3,000 | Legal fees to draft the N7, request an expedited hearing, and represent you. |
| Sheriff Enforcement Fee | $315 + mileage | The fee paid to the Superior Court of Justice to have the Sheriff physically evict. |
| Property Clean-up & Repairs | Variable | Costs to repair damaged balcony railings or clean up ground-floor debris. |
How Long Does the Process Take?
The N7 notice requires a mandatory 10-day notice period. Under standard LTB timelines, securing a hearing can take 5 to 8 months. However, if your Request to Shorten Time is approved due to the severe life-safety hazard, you may secure an expedited hearing within 3 to 6 weeks. Following an eviction order, scheduling the Sheriff generally takes an additional 2 to 4 weeks depending on your local Ontario municipality.
Frequently Asked Questions (FAQ)
Can the tenant void an N7 notice by apologising?
No. An N7 notice for seriously impairing safety does not have a voiding period. Even if the tenant promises to never throw items from the balcony again, you have the legal right to proceed with the eviction hearing at the LTB.
What if the tenant’s guest threw the items?
Under the Residential Tenancies Act, tenants are legally responsible for the behaviour of their guests. If a visitor propels objects from the balcony, the tenant faces the exact same eviction consequences as if they had done it themselves.
Do I need video proof to win the eviction?
While CCTV footage is highly persuasive, it is not strictly legally required. Detailed written statements from neighbours, photographs of the debris, and formal police reports can also satisfy the LTB adjudicator’s requirement for proof.
Can I lock them out immediately for safety reasons?
Absolutely not. Self-help evictions are illegal in Ontario. Regardless of how dangerous the tenant is, you must follow the LTB process and use the Court Enforcement Office (Sheriff) to change the locks, otherwise you face massive provincial fines.
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