What if the tenant does not move out?

The landlord can apply to the Landlord and Tenant Board to get an eviction order in cases where the tenant changes their mind after signing the agreement and refuses to move out, or the landlord is uncertain of the tenant’s intention to honour the agreement. This is why written agreements are so important.

The application can be filed as soon as the N11 is signed, BUT it must be filed with the Board no later than 30 days after the termination date indicated in the agreement or else it expires.

Next Steps

The landlord can wait to see if the tenant will leave by the agreed date, or file the L3 application with the Landlord and Tenant Board right away if they are not sure whether the tenant will honour the agreement.

Usually, the Board will issue an order without holding a hearing. However, if the agreement has not been filled out properly or things have been added, they may schedule a hearing to get clarification.

If the landlord and the tenant have agreed the tenancy will be terminated or one of them has given notice of termination to the other, the landlord may enter the unit to show it to prospective tenants between 8 a.m. and 8 p.m. and, before entering, the landlord informs or makes a reasonable effort to inform the tenant of the landlord's intention to enter. A landlord must make reasonable efforts, depending upon the facts and circumstances of each case, to give the tenant advance notice in order to permit the tenant to be prepared for entry into the unit by the landlord to show the unit to prospective tenants.

A tenant does not have the right to deny entry simply because the time of entry is not convenient to the tenant. The tenant must:

1. not interfere with the landlord's right of entry;
2. not interfere with the landlord and its agents; and
3. take whatever steps are necessary to provide access to rooms where the work is to occur, including safely restraining pets in the rental unit.