Ontario Landlord Guide › My tenant gave notice but won't move out. What can I do in Ontario?

My tenant gave notice but won't move out. What can I do in Ontario?

Last updated October 23, 2026 · Written for small Ontario landlords

Short answer: Don't change the locks or move their things. File an L3 with the Landlord and Tenant Board. You can file as soon as you get the tenant's N9 or the signed agreement to end the tenancy, and no later than 30 days after the date they agreed to leave. The LTB can make the eviction order without a hearing, but it can't take effect before that date, and only the sheriff can enforce it.

Official source: LTB: Instructions for the L3 application (tenant gave notice or agreed to end the tenancy) · Last checked Oct 2026

First: you still can't take the unit back yourself

A tenant who gave notice and then stays has not lost their rights. Under section 39 of the Act, you can recover possession only if the tenant has moved out or abandoned the unit, or an LTB eviction order allows it. Changing the locks, removing belongings or cutting services before then can lead to a tenant application against you.

Step 1: check the notice or agreement will hold up

A tenant's N9 must identify the unit, state the termination date and be signed by the tenant or their agent (s. 43(1)). Our N9 guide covers the 60-day and last-day-of-the-period rules.
A written agreement, usually the LTB's N11, works the same way.
Signed at move-in? It's void. A tenant's notice or an agreement to end the tenancy is void if it was signed when the lease was signed or as a condition of renting (s. 37(4), (5)). The exceptions are some post-secondary student housing.

Step 2: file the L3

When. Any time after you get the notice or the signed agreement. You don't have to wait for the move-out date. The deadline is 30 days after the termination date (s. 77(3)). Miss it and the LTB may dismiss the application, and a tenant's notice becomes void 30 days after its termination date unless you have applied (s. 46).
What to include. The L3 form, a copy of the N9 or the written agreement, and a signed declaration or sworn affidavit confirming it (s. 77(2)). The LTB says the application will be refused if any of these is missing.
What the declaration should say. The date the tenancy began, the termination date, when the notice or agreement was signed and by whom, and that it was not signed when the lease was signed. For an agreement, also confirm you didn't later sign another agreement that changed or replaced it.
Fee. $201, or $186 through the Tribunals Ontario Portal (LTB fees page).

Step 3: the order and the tenant's 10 days

The L3 is filed without notice to the tenant, and the LTB can issue the eviction order on the paperwork (s. 77(1), (4)). The order can't take effect before the termination date in the notice or agreement (s. 77(5)). The tenant then has 10 days after the order is issued to file a motion to set it aside. That motion stays the order, so it can't be enforced until the LTB holds a hearing and decides whether to set the order aside or lift the stay (s. 77(6) to (8)).

Step 4: the sheriff, not you

An LTB eviction order is enforced the same way as a writ of possession (s. 85), which means by the sheriff for the area where the unit is. File the order with the sheriff within six months after the day it takes effect, or it expires (s. 81).

Money for the extra days

Compensation. A tenant who stays after the tenancy ends by notice or agreement owes you compensation for the use and occupation of the unit (s. 86).
Tenant still in the unit? The LTB's L10 instructions say to ask for it on an L2, which can claim compensation for each day they stay after the termination date.
Tenant already gone? Use an L10, no later than one year after they moved out (s. 87(3.1)).
Last month's rent deposit. It can only be applied to the rent for the last month of the tenancy (s. 106(10)). See last month's rent deposit rules.

Worked example

Your tenant hands you a signed N9 on Monday, October 26, 2026 with a termination date of Thursday, December 31, 2026, which is at least 60 days away and the last day of a rental period, so the notice is valid. In mid-December they tell you they can't find a place and are staying.

You could have filed the L3 any time from October 26. The last day to file is Saturday, January 30, 2027, 30 days after December 31.
If you don't file by then and the tenant is still there, the N9 is void (s. 46) and the tenancy simply continues.
Suppose the LTB issues the order on Tuesday, January 12, 2027. The tenant can file a motion to set it aside until Friday, January 22, 2027. If they do, the order is on hold until the hearing.
From January 1, 2027, the tenant owes compensation for each day they stay (s. 86).

Where the toolkit helps: The toolkit's LTB-Ready Evidence Pack includes a communication log and a hearing bundle checklist, so the N9, the date you got it and every message about the move are written down with a date. See what is inside the $19 toolkit

Avoid these mistakes

Waiting until the move-out date to act. You can file the day you get the N9. Filing early costs nothing in time and keeps you inside the 30-day window.
Relying on a notice signed at move-in. It's void, and the L3 will fail on it (s. 37(4)).
Forgetting the declaration. No declaration or affidavit means the application is refused.
Changing the locks after the date passes. Only an LTB order enforced by the sheriff lets you take the unit back (s. 39, s. 85).
Signing a new lease with your next tenant for the day after. If the current tenant stays, you may not be able to give the new tenant the unit on time. Plan for the L3 timeline.

Free: the Ontario move-out checklist. Two pages, from the first text to re-renting: the right notice form, the date check with worked dates, the L3 deadline, showings, the last month's rent deposit and move-out day. Get the free move-out checklist (PDF)

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.