Under a joint and several lease in Ontario, landlords can evict an entire group of students using an N5 notice for chronic noise or severe damage, even if only one tenant directly caused the issues. The Landlord and Tenant Board (LTB) holds all co-tenants equally responsible for the condition of the unit.
Renting your property to students in university towns like London, Kingston, Waterloo, or Guelph can be a highly profitable investment. However, it also comes with unique risks, especially if a student rental turns into a disruptive frat house. When you sign a single, joint lease with a group of roommates, they are bound by “joint and several liability” under the Residential Tenancies Act (RTA). This means that every individual on that lease is 100% responsible for the rent, the behaviour of their guests, and any damage caused to the property.
If one or two roommates are throwing loud parties, smashing drywall, or disturbing the neighbours, you do not have to figure out exactly who threw the punch or played the loud music. The entire group is legally accountable. Dealing with extreme property damage and noise complaints is incredibly stressful and can lead to fines from city bylaw officers. 📝 Because the Landlord and Tenant Board (LTB) requires strict adherence to eviction procedures, we highly recommend consulting a local paralegal or landlord-tenant lawyer from our directory to ensure your notices are drafted perfectly.
Step-by-Step Process in Ontario: Evicting on a Joint Lease
Whether your rental property is in downtown Toronto, Hamilton, or Ottawa, the eviction process for noise and damage is standardized across Ontario. You cannot simply change the locks or throw the students’ belongings onto the lawn. You must follow the formal LTB eviction process.
Step 1: Gather Evidence of Noise and Damage
Before taking any legal action, you need solid proof. Keep a detailed log of every noise complaint from neighbours. Request copies of police reports if law enforcement was called to break up a party. If you conduct a legal 24-hour notice inspection, take date-stamped photographs of the property damage. Written statements from affected neighbours are also powerful evidence for the LTB.
Step 2: Issue an N5 Notice to End your Tenancy
To start the eviction, you must serve an N5 form (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding). Crucially, you must list the names of every single student on the joint lease, even the quiet ones. The first N5 gives the tenants 7 days to void the notice by stopping the noise or paying for the damage. If they comply, the eviction stops.
Step 3: Issue a Second N5 Notice (If Applicable)
If the students void the first notice but throw another destructive party within 6 months, you can serve a second N5 notice. This second notice is non-voidable. They cannot simply apologize or pay for the new damage to cancel it. Once this second notice is served, you can proceed immediately to the next step.
Step 4: File the L2 Application with the LTB
After the termination date on the non-voidable N5 passes (or if they fail to void the first N5), you must file an L2 Application with the Landlord and Tenant Board to schedule an eviction hearing. A paralegal can represent you at this virtual hearing, present your evidence, and ask the adjudicator for an eviction order and monetary compensation for the damages.
How Much Does it Cost in Ontario?
Evicting a destructive group of tenants involves administrative and legal costs. While you can sue for damages, you must pay upfront to navigate the LTB system.
- LTB Filing Fee: Filing an L2 application costs $186 CAD if done online through the Tribunals Ontario Portal, or $201 CAD if filed by paper.
- Paralegal / Lawyer Fees: Hiring a licensed professional to draft the N5, file the L2, and represent you at the LTB hearing generally costs between $1,000 and $2,500 CAD.
- Sheriff Enforcement: If the tenants refuse to leave after an eviction order is granted, you must pay the local Court Enforcement Office (Sheriff) to physically remove them, costing about $300 to $400 CAD.
- Property Repairs: Costs vary wildly, but repairing holes in drywall, replacing ruined carpets, and deep cleaning a “frat house” can easily exceed $5,000 CAD.
Comparing Joint Leases vs. Individual Leases
| Feature | Joint Lease (Entire Group) | Individual Room Leases (Rooming House) |
|---|---|---|
| Eviction Target | The entire group is evicted together via one N5. | You must identify and evict only the specific problem tenant. |
| Rent Liability | If one person doesn’t pay, the others must cover it. | Each tenant is only responsible for their own room’s rent. |
| Common Area Damage | All tenants are equally liable for the damage. | Hard to prove who caused the damage in shared spaces. |
How Long Does the Process Take?
The Ontario Landlord and Tenant Board is currently facing historic backlogs. While the initial N5 notice requires a 20-day termination period (with 7 days to void), waiting for a hearing date after filing the L2 application generally takes 4 to 8 months. Once the hearing concludes, waiting for the official order takes another 2 to 4 weeks. If the Sheriff is required, add an additional 2 to 4 weeks.
Frequently Asked Questions (FAQ)
Can I evict only the loud roommate and let the quiet ones stay?
On a joint lease, no. The LTB considers all individuals as one single “tenant” entity. An eviction order terminates the entire tenancy. If you want the quiet students to stay, you must legally end the current lease and sign a brand new lease with just them.
Can I keep their rent deposit to pay for the damages?
Absolutely not. In Ontario, damage or security deposits are illegal. You can only collect a Last Month’s Rent (LMR) deposit, which can strictly be used to cover the last month’s rent. You must request a separate payment or an LTB order for damages.
What happens if the parents co-signed as guarantors?
If the parents signed a valid guarantor agreement, you can pursue them in Small Claims Court for the cost of damages and unpaid rent if the students fail to pay after the tenancy is terminated. However, guarantors are usually not involved directly in the LTB eviction hearing.
Can I call the police to kick them out during a loud party?
The police can break up a party, issue noise bylaw tickets, or arrest individuals for criminal behaviour, but they will not enforce a residential eviction without an official order from the LTB and a writ for the Sheriff.
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