You proved your case. The tenant didn't pay rent. Or they damaged your unit. Or they violated the lease repeatedly. You filed the right form, served it properly, attended the Landlord and Tenant Board hearing — and the adjudicator still didn't grant the eviction.
This happens more often than most Ontario landlords expect. The reason is Section 83 of the Residential Tenancies Act, 2006 — a provision that gives the LTB broad discretion to refuse or delay an eviction order even when the landlord has fully proven the grounds for termination.
If you've never heard of Section 83, you need to understand it before your next LTB hearing.
What Section 83 Actually Says
Section 83(1) of the RTA states that upon an application for an eviction order, the LTB may:
- Refuse to grant the application unless it is satisfied that it would be unfair to refuse, or
- Order that enforcement of the eviction order be postponed for a period of time
This applies despite "any other provision of this Act or the tenancy agreement." In plain terms: even if the RTA gives you the right to evict, and even if you've proven every element of your application, the LTB still has the power to say no.
Section 83(3) directs the LTB to consider three factors when exercising this discretion:
- The effect on the tenant and their household — including family members who haven't contributed to the problem
- The effect on the landlord of a refusal — financial loss, continued damage, health and safety risks
- The tenant's history of compliance with their RTA obligations
Both sides of that ledger matter. Landlords who present only their case — and don't address the s.83 analysis — often lose relief they were entitled to.
When Section 83 Applies
Section 83 applies to every eviction application that comes before the LTB. It's not limited to arrears cases or specific notice types. Whether you filed an L1 (rent arrears), an L2 (breach of lease or illegal acts), or an application based on a N12 or N13 notice, the LTB is required to apply the s.83 analysis before granting an eviction order.
In practice, how the LTB uses this discretion varies by application type.
L1 Applications — Rent Arrears
For arrears applications, the LTB most commonly exercises Section 83 discretion in two ways:
Conditional "void" orders. Rather than granting an immediate eviction, the LTB often issues an order requiring the tenant to pay all arrears plus the filing fee within 11 days. If the tenant pays, the order is void and the tenancy continues. If they don't pay, the landlord can file for a Sheriff's enforcement warrant.
Postponed enforcement. If the tenant demonstrates genuine hardship — a job loss, a medical emergency, a disability — the LTB may order the eviction but delay enforcement by several weeks or months to give the tenant time to relocate or resolve the debt.
As a landlord, you should come prepared to address the length of arrears, any payment history (did the tenant pay consistently for years before this?), and any maintenance issues that might give the tenant grounds to argue the LTB should exercise discretion in their favour.
L2 Applications — Tenant Behaviour
For behaviour-based evictions — noise, damage, interference with other residents — Section 83 is applied more aggressively. Adjudicators frequently give tenants a "last chance" conditional order: stop the behaviour or face automatic eviction.
This is worth knowing because it affects your litigation strategy. If you're bringing an L2 application, expect that a first hearing may result in a conditional order rather than an immediate eviction. Document all prior incidents thoroughly. If this is a repeat offender who has received conditional relief before, bring that history to the hearing — it directly bears on the s.83(3)(c) compliance analysis.
For guidance on the N5 notice process that typically precedes an L2 application, see N5 Notice Ontario: How to Serve and What It Covers.
N12 and N13 Applications — Own Use and Demolition
Own-use evictions (N12) and demolition/renovation evictions (N13) are where Section 83 postponements are most common. If a tenant has lived in the unit for many years, has a disability, or has dependent children, the LTB has wide latitude to delay the effective date of eviction by weeks or months — even where the landlord's grounds are legitimate.
If you're planning an own-use or demolition application, build a realistic timeline that accounts for potential Section 83 postponements. See N12 Notice Ontario: Own Use Evictions Explained and N13 Notice Ontario: Demolition and Major Repairs for the notice requirements that must be in order before you even reach the s.83 stage.
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What the LTB Looks At — The Full Factors Analysis
Adjudicators don't grant or refuse s.83 relief arbitrarily. Based on published LTB decisions, the factors that regularly appear in the analysis include:
For the tenant:
- Length of tenancy (a 12-year tenant gets more weight than a 12-month tenant)
- Age, disability, or serious medical condition
- Minor children in the household
- Whether the problem was isolated or part of a pattern
- Whether the tenant has a credible plan to fix the problem (pay the arrears, stop the behaviour)
- Availability of alternative housing
- Time of year (winter evictions receive more scrutiny)
For the landlord:
- Ongoing financial loss from unpaid rent
- Physical damage to the property that continues to worsen
- Risk to other tenants or the building
- The landlord's documented attempts to resolve the problem before filing
- Evidence of consistent prior communication
On compliance history:
- How many notices has this tenant received?
- Were past conditional orders complied with?
- Is this the first breach of this kind, or a recurring issue?
If you only argue your side of this ledger and don't address what the LTB is going to consider on the tenant's behalf, you risk coming across as unprepared — and adjudicators notice.
What You Should Do Before Every Eviction Hearing
Understanding Section 83 should change how you prepare for LTB hearings. Here's what that looks like in practice:
1. Bring your full record. Every payment, every notice, every email, every inspection report. The compliance history analysis under s.83(3)(c) is directly served by documentation. A well-organized file tells the adjudicator this isn't a snap decision — it's the end of a process.
2. Address hardship preemptively. If you know the tenant has circumstances that the LTB might weigh in their favour — long tenure, dependents, health issues — don't ignore it. Acknowledge it, and then explain why those circumstances don't outweigh the prejudice to you as the landlord. Adjudicators respond well to landlords who appear reasonable.
3. Quantify the effect on you. "I'm losing rent" is not enough. Bring your carrying costs: mortgage payments, insurance, property tax, maintenance costs that are going unpaid while the unit generates no income. If there's physical damage, bring photos and written estimates.
4. Be clear about what relief you're seeking. Are you willing to accept a conditional void order with a payment deadline? Do you need the unit vacated by a specific date? Saying clearly what you want — and why — helps the adjudicator structure appropriate relief.
For a broader overview of how to navigate the LTB process, see LTB Hearing Preparation: A Landlord's Guide.
When the LTB Must Refuse an Eviction
Section 83 also contains provisions that restrict the LTB from granting eviction in certain situations. Most notably: if the LTB finds that the landlord has not complied with their obligations under the RTA — including maintenance and repair obligations — it may refuse an eviction even where arrears are established.
This is why a tenant who raises a maintenance complaint at a rent arrears hearing can sometimes derail an otherwise straightforward L1. The LTB can offset rent owed against any abatement it finds appropriate, reducing or eliminating the arrears — and then use s.83 to refuse or delay the resulting order.
The practical takeaway: before filing any eviction application, make sure your maintenance obligations are in order. Outstanding repairs that the tenant raised in writing, or that were visible at a move-in inspection, can become ammunition at a s.83 hearing. See Landlord Maintenance Responsibilities in Ontario for what the RTA requires.
The Bigger Picture
Section 83 is a reminder that eviction in Ontario is not a mechanical process. Proving your grounds gets you to the s.83 analysis — it doesn't end it. The LTB is required to weigh both parties' circumstances before issuing an order, and that means a well-prepared landlord is one who walks into the hearing ready to address both sides of the scale.
If you find this level of preparation difficult to manage alongside owning and operating a rental property, that's worth examining. Many small landlords reach out to Prospera Properties when LTB proceedings have gone sideways, or to avoid that outcome in the first place. Our team understands Ontario's eviction law, prepares documentation that holds up at hearings, and manages the tenant relationship in a way that reduces the situations that lead to LTB applications.
If you're a landlord in London, St. Thomas, or Strathroy with questions about an active eviction or how professional management can protect your investment, contact us to talk through your situation.
External Resources
- Ontario Residential Tenancies Act, 2006 — Full Text (ontario.ca)
- LTB Forms and Applications (tribunalsontario.ca)