In Ontario, a tenant going to jail does not automatically end their lease or mean the unit is legally abandoned. To regain possession, landlords must follow standard Residential Tenancies Act procedures, usually by serving an N4 Notice for Non-Payment of Rent when the incarcerated tenant stops paying, and then applying to the Landlord and Tenant Board (LTB) for an eviction order.
Finding out that your tenant has been arrested and is serving time in a provincial or federal prison is an incredibly stressful situation for any landlord. You might assume that because the apartment is sitting empty, you can simply change the locks and find a new renter. However, under Ontario law, incarceration does not terminate a tenancy agreement. The tenant still legally possesses the unit.
Handling this situation incorrectly can lead to severe fines from the Rental Housing Enforcement Unit (RHEU) for illegal eviction. 📍 Whether your rental property is located in Toronto, Ottawa, or Hamilton, you must adhere strictly to the rules of the Landlord and Tenant Board (LTB). This guide explains the step-by-step process of legally evicting a tenant who is in jail. For peace of mind, browsing our directory for an experienced local paralegal is highly recommended.
Step-by-Step Process in Ontario
Navigating an eviction when the tenant is physically unable to attend to their affairs requires careful legal steps. Do not take shortcuts, as the LTB will heavily scrutinize your actions.
Step 1: Confirm the Unit is Not Legally Abandoned
An empty apartment does not mean it is “abandoned” under the law. If the tenant’s belongings are still inside and their rent is paid, the tenancy is fully active. 🔍 You cannot enter the unit without 24 hours written notice, except in an emergency. If family members are paying the rent on the tenant’s behalf, you generally cannot evict them simply because they are in jail.
Step 2: Wait for Rent to Be Missed and Serve an N4
Most incarcerated tenants quickly run out of funds. The moment the rent is late by a single day, you can issue a Form N4 (Notice to End your Tenancy Early for Non-payment of Rent). You must serve this notice legally. Leaving it in the mailbox of the rental unit or sliding it under the door is considered valid service in Ontario, even if you know the tenant is not home to receive it.
Step 3: File an L1 Application with the LTB
If the 14-day void period on the N4 notice passes and the rent remains unpaid, you must file an L1 Application to Evict a Tenant for Non-payment of Rent. 💼 You will submit this to the LTB portal and wait for a hearing date to be scheduled.
Step 4: Attempt to Notify the Incarcerated Tenant
While serving the unit is standard, adjudicators at the LTB appreciate good faith efforts. If you know which correctional facility the tenant is in, you might mail a copy of the Notice of Hearing directly to the prison. This proves to the judge that you attempted to give the tenant a fair chance to participate by telephone or send legal representation.
Step 5: Attend the Hearing and Enforce the Order
At the LTB hearing, present your rent ledger proving the arrears. If successful, the adjudicator will issue an eviction order. ⚔️ Once the termination date on the order passes, you must hire the local Court Enforcement Office (the Sheriff) to officially return possession of the unit to you. Only after the Sheriff executes the order can you safely deal with the tenant’s remaining belongings.
How Much Does it Cost in Ontario?
Evicting an absent tenant involves administrative and enforcement costs that landlords must front themselves.
- LTB Filing Fees: Filing an L1 application through the LTB’s online portal costs $201 CAD.
- Paralegal Representation: Hiring a licensed paralegal to handle the paperwork and attend the hearing usually costs between $600 and $1,500 CAD.
- Sheriff Fees: To legally change the locks and enforce the eviction, the Sheriff’s office charges roughly $315 CAD, plus potential mileage fees depending on your municipality.
| Action Item | Estimated Cost (CAD) | Notes |
|---|---|---|
| L1 Application Fee | $201 | Paid directly to the Landlord and Tenant Board. |
| Legal Representation | $600 – $1,500 | Highly recommended when serving unusual notices. |
| Sheriff Enforcement | $315+ | Required step to finalize an eviction legally. |
How Long Does the Process Take?
Because the LTB experiences significant backlogs, landlords must brace for a lengthy waiting period without rental income.
- Notice Period: The N4 requires you to give the tenant 14 days to pay the rent before you can file your application.
- Hearing Wait Time: As of mid-2026, waiting for an L1 hearing date generally takes 3 to 5 months in Ontario.
- Sheriff Enforcement: After winning the order, scheduling the Sheriff can take an additional 2 to 4 weeks depending on their local caseload.
Frequently Asked Questions (FAQ)
Can I pack up their belongings to rent the unit faster?
No. Packing up or removing a tenant’s belongings without an official LTB order and Sheriff enforcement is considered an illegal lockout. The tenant could sue you for the value of their items and significant damages.
What if their family wants to move in and pay the rent?
If the family members are not listed on the lease, they are considered unauthorized occupants. You are not legally obligated to transfer the lease to them, though you can choose to draft a new lease agreement if you wish.
What do I do with their items after the Sheriff comes?
Under the RTA, once the Sheriff executes the eviction order, you are legally required to give the evicted tenant (or their appointed representative) exactly 72 hours to retrieve their belongings. After that 72-hour window, you may sell, keep, or dispose of the items.
Can I evict them for committing an offence on the property?
Yes. If the tenant was arrested for conducting illegal acts inside the rental unit (such as drug trafficking), you can serve an N6 Notice (Evicting a Tenant for an Illegal Act). This is often faster than waiting for unpaid rent, but requires solid police evidence.
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