In Ontario, a landlord cannot evict a tenant because of a smell alone. A tenancy can end only on a ground set out in the Residential Tenancies Act, such as an N5 for conduct that substantially interferes with others, or an N12 when the landlord or a close family member genuinely needs the unit. The Landlord and Tenant Board (LTB) decides, not the landlord.
TORONTO, Nov. 13, 2026: A Toronto couple says their landlord served them a notice to end their tenancy after an air-quality monitor in the landlord's unit kept spiking. According to the couple's fundraising appeal, as reported by Dexerto, the landlord suspected indoor smoking; the couple says the monitor was picking up ordinary things like breathing and flatulence, and that the notice is a personal-use notice they see as retaliation.
What happened in the Toronto case?
All we know comes from the couple's own account, so it should be read as a claim, not a finding. They say the notice they received was for the landlord's personal use. We found no response from the landlord and no LTB hearing or order. We are not naming anyone involved.
The story went viral for the obvious reason, but it raises two questions Ontario renters and landlords ask often: can a smell be grounds for eviction, and what happens when a tenant believes a notice is really about something else?
Can a landlord evict a tenant for a smell in Ontario?
Not on the smell alone. A tenancy ends only in accordance with the Act (RTA s.37). If the issue is the tenant's conduct, the route is an N5 notice under RTA s.64(1), which requires conduct that substantially interferes with the reasonable enjoyment of the landlord or another tenant. The N5 must give at least 20 days, set out the grounds, and give the tenant seven days to stop; if the tenant stops within seven days, the notice is void (RTA s.64(2)–(3)).
Ordinary living, including normal smells, rarely meets that bar. Proof matters: the landlord has to show the conduct and its effect at a hearing. Our guide to the substantial interference standard covers what the LTB has accepted.
What are the rules for a personal-use (N12) eviction?
An N12 notice is not about the tenant's conduct at all. Under RTA s.48(1), the landlord must in good faith require the unit for at least one year for themselves, their spouse, a child or parent of either, or a caregiver. The termination date must be at least 60 days away and fall at the end of a rental period or term (s.48(2)), and only an individual landlord can use it (s.48(5)).
- Affidavit: the Board cannot evict on an N12 unless the person moving in swears they need it in good faith for at least a year (s.72(1)(a)).
- Compensation: one month's rent or another acceptable unit (s.48.1(1)). Since Sept. 21, 2026, that is not owed if the notice gives at least 120 days and ends on the last day of a period or term (s.48.1(2)). See how Bill 60 affects Ontario landlords.
- Retaliation: the Board must refuse an eviction where the reason for the application is that the tenant tried to enforce their legal rights (s.83(3)(c)).
- Bad faith afterwards: if the tenant leaves and nobody named in s.48(1) moves in within a reasonable time, the former tenant can apply within one year. The Board can order up to 12 months' rent as general compensation, moving costs, increased rent for a year and a fine (s.57).
What it means for landlords
A sensor reading is a clue, not proof. If you believe a tenant is smoking where the lease forbids it, or causing real interference, document it and use the notice that fits the conduct. An N12 must stand on its own facts: a genuine move-in, sworn under oath. Using it to solve a conduct problem risks a refused eviction and a bad-faith order later.
What it means for tenants
A notice is not an eviction order. You do not have to leave on the date in an N5 or N12; only the LTB can end the tenancy if you stay. You can dispute the notice at the hearing, including on the ground that it was brought because you asserted your rights.
What to do now
- Landlords: read our complete N5 guide before serving anything, and keep dated records.
- Tenants: keep the notice, write down what happened and when, and get ready for the hearing.
- Both: our evergreen guide, Can an Ontario landlord evict a tenant for noise or smells?, walks through each route. More in the Ontario Landlord Resource Center.
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