How to Fight an
Eviction at the LTB

Updated August 2026  ·  By JC Paralegal Services

An eviction notice from your landlord is not an eviction. It is the start of a legal process that gives you the right to respond, raise defences, and have your case heard before the Landlord and Tenant Board. Many tenants do not realize how much power they have — or that errors in the notice or the landlord's process can result in the application being dismissed entirely.

This guide explains what to do from the moment you receive a notice through to the hearing, and what defences are most commonly available to tenants in Ontario.

Step 1: Read the Notice Carefully

The first thing to do — before anything else — is read the notice carefully and check it against the legal requirements. Landlords must use prescribed LTB forms, and those forms must be filled out correctly. Errors are common, and a defective notice is legally void.

Check for the following:

• Is it the right form? Different situations require different notices: N4 (non-payment of rent), N5 (interference, damage, or overcrowding), N8 (persistent late payment), N12 (landlord's own use), N13 (demolition or renovation), and others. Make sure the notice matches the reason given.
• Are the dates correct? Each notice type has a minimum notice period. An N4 requires at least 14 days; an N12 requires at least 60 days (84 days if the tenancy is month-to-month or longer). If the termination date is too early, the notice is defective.
• Is the amount correct? On an N4, the rent amount claimed must exactly match what you legally owe — not an inflated figure that includes NSF fees, parking not in your lease, or charges the Residential Tenancies Act does not permit.
• Are the names correct? All tenants named on the lease should be named on the notice.
• Was it properly served? Notices must be delivered in a way the RTA permits: hand delivery, sliding under the unit door, regular mail (adding 5 days), email (only with your written consent), or courier. A text message, photo, or notice left with a neighbour does not count.

Step 2: Understand What Happens Next

A notice on its own does not mean you must leave. After the termination date on the notice passes, the landlord must file an application with the LTB. The LTB then schedules a hearing and sends you a Notice of Hearing. Only after a hearing — and only if the LTB issues an eviction order — are you legally required to vacate.

You are entitled to attend the hearing and present your case. You can bring evidence, question the landlord's evidence, and raise any defences that apply to your situation.

Step 3: Prepare Your Defence

Depending on the reason for the eviction, different defences may apply. The most common defences and arguments available to tenants include:

Defective Notice

A material defect in an eviction notice may invalidate the notice and may result in an application based on that notice being dismissed. The legal effect of an error depends on the type of notice, the statutory requirements, and the nature of the defect. The landlord would have to start the process over with a new, corrected notice.

Payment Before the Hearing (N4 / Non-Payment)

If you owe rent arrears, paying the full amount owed before the hearing is the most straightforward resolution. The LTB may still issue a conditional order (requiring future payments on time), but an outright eviction order for rent arrears requires the arrears to still be outstanding at the time of hearing.

Maintenance and Repair Issues (Section 82)

At an L1/L2 hearing (eviction for non-payment), tenants have the right to raise maintenance issues under Section 82 of the RTA — even if they were not part of the original application. If your landlord has failed to maintain the unit in good repair, you may be entitled to a rent abatement that reduces or eliminates the arrears claimed. This requires notice to the landlord and evidence of the maintenance failures.

Dispute the Facts (N5 / Conduct)

If you received an N5 for alleged interference, damage, or overcrowding, you can dispute the landlord's version of events at the hearing. The landlord must prove their allegations on a balance of probabilities. Witness statements, photos, or records that contradict the landlord's account can be decisive.

Voiding the N5

A first N5 can be voided if you correct the problem within 7 days of being served. If the conduct stops, the property is repaired, or the issue is resolved within that window, the notice is void and the landlord cannot proceed with it. Keep records showing you complied.

Bad Faith (N12 / Own Use)

If your landlord served an N12 claiming they or a family member need the unit, you can challenge whether this is genuine. The LTB considers whether the stated reason is in good faith. Evidence that the unit was immediately re-rented at a higher price, or that no family member ever moved in, can support a bad-faith finding — which entitles you to significant compensation.

Hardship

Even where an eviction would otherwise be granted, the LTB has discretion to delay or refuse an eviction order if it would cause exceptional hardship to the tenant. Medical conditions, dependent children, difficulty finding accessible housing, and other circumstances can be raised. This is not a guaranteed defence, but it is a legitimate argument the board must consider.

Step 4: Attend the Hearing

LTB hearings are conducted in person or by video. You will have the opportunity to:

• Review the landlord's evidence before the hearing (it must be disclosed in advance)
• Present your own evidence: photos, receipts, payment records, communications, maintenance requests
• Ask questions of the landlord (cross-examine)
• Make legal arguments to the adjudicator
• Call witnesses if relevant

If you do not attend the hearing, the LTB may make an order in your absence. Missing your hearing date is one of the most avoidable and consequential mistakes a tenant can make.

Step 5: Understand the Possible Outcomes

At the conclusion of the hearing, the LTB adjudicator may:

• Dismiss the application — if the notice was defective, the landlord did not meet their burden of proof, or the tenant's defences succeeded
• Issue a conditional order — allowing you to stay on the condition that you pay arrears by a set date or maintain future payments (a "pay and stay" order)
• Issue an eviction order — with a date by which you must vacate; the order is enforceable by the Sheriff
• Grant a rent abatement — reducing amounts owed based on maintenance issues or landlord conduct

An LTB order may be reviewed in limited circumstances. For orders issued on or after July 1, 2026, a Request to Review must generally be filed within 15 days. The grounds include that a party was not reasonably able to participate in the proceeding, that the order is the consequence of a serious error, or that new evidence could not reasonably have been obtained before the decision and would likely have affected the result. A review is not simply an opportunity to have the case heard again because a party disagrees with the outcome.