Landlord & Tenant Board

What Is the Landlord and Tenant Board

The Landlord and Tenant Board (LTB) is an adjudicative tribunal in Ontario that resolves disputes between residential landlords and tenants. It operates under the Residential Tenancies Act, 2006 (RTA) and has the authority to make binding orders on matters including evictions, rent arrears, maintenance issues, rent increases, and tenant rights.

The LTB is not a court, but its orders are legally enforceable. Both landlords and tenants can file applications with the Board, and hearings are conducted by appointed adjudicators. Understanding how the LTB works is essential for any Ontario landlord, as it is the primary avenue for resolving disputes that cannot be settled directly.

Common Landlord Applications

Landlords file applications with the LTB using specific forms depending on the issue. Each form addresses a different type of dispute, and using the correct form is critical for your application to be processed.

• L1: Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes. This is the most common landlord application.
• L2: Application to End a Tenancy and Evict a Tenant. Used for reasons other than non-payment, such as the tenant causing damage, disturbing other tenants, or an illegal act.
• L3: Application to End a Tenancy - Tenant Gave Notice or Agreed to Terminate. Used when the tenant has given notice or agreed to leave but has not vacated.
• L4: Application to End a Tenancy - Tenant Failed to Meet Conditions of a Settlement or Order. Used when the tenant breaches a previous LTB order or mediated agreement.
• L5: Application for an Above Guideline Increase in Rent. Used to seek rent increases above the annual guideline.
• L9: Application to Collect Rent the Tenant Owes. Used to recover unpaid rent when the tenancy has already ended.

Common Notice Forms

Before filing most applications, landlords must first serve the tenant with the appropriate notice form. The notice gives the tenant an opportunity to correct the issue before the matter goes to the Board.

• N4: Notice to End a Tenancy Early for Non-payment of Rent (14 days for monthly tenancies)
• N5: Notice to End a Tenancy for Interfering with Others, Damage, or Overcrowding (20 days to correct the issue)
• N6: Notice to End a Tenancy for Illegal Acts or Misrepresenting Income (10 to 20 days depending on the issue)
• N7: Notice to End a Tenancy for Causing Serious Problems (10 days, cannot be voided)
• N12: Notice to End a Tenancy Because the Landlord, a Purchaser, or a Family Member Requires the Unit (60 days, must be given in good faith)
• N13: Notice to End a Tenancy Because the Landlord Wants to Demolish, Convert, or Extensively Repair the Unit (120 days)

Filing an Application

Applications can be filed online through the Tribunals Ontario portal or by mail. Each application requires a filing fee, which varies by form type. When filing, you will need to provide the completed application form, a copy of the notice served to the tenant, proof of service, and any supporting documentation.

After filing, the LTB will schedule a hearing and notify both parties of the date, time, and whether it will be held in person or by video conference. Most hearings are now conducted electronically through video or telephone.

Preparing for Your Hearing

Preparation is critical. The adjudicator will make their decision based on the evidence presented, so you need to have your documentation organized and ready. Bring the following to your hearing.

• A copy of the signed lease agreement
• Rent payment records showing what was paid and what is owed
• Copies of all notices served, with proof of service (date and method)
• Photos or videos documenting any damage or issues
• Written communications between you and the tenant
• Receipts or invoices for any repairs or expenses you are claiming
• A clear, written summary of your case and the order you are seeking

Present your case clearly and factually. Stick to the relevant facts and avoid emotional arguments. The adjudicator is looking for evidence that supports your application under the RTA.

What to Expect at the Hearing

LTB hearings are relatively informal compared to court proceedings, but they are still structured. The adjudicator will introduce the case, hear from both parties, ask questions, and review evidence. Both the landlord and tenant have the right to present their case, call witnesses, and cross-examine the other party.

The adjudicator may offer mediation at the beginning of the hearing. Mediation is voluntary and can result in a faster resolution. If mediation is successful, the agreed terms are put into a binding order. If mediation fails or is declined, the hearing proceeds.

After the hearing, the adjudicator will issue a written order, typically within a few days to a few weeks. The order will state what each party must do and by when. If the tenant fails to comply with an eviction order, you can file it with the Court Enforcement Office for enforcement by the Sheriff.

Timelines and Wait Times

LTB timelines have varied significantly in recent years. Wait times for hearings can range from a few weeks to several months, depending on the type of application and the Board's caseload. During this waiting period, the tenancy continues and the tenant remains in the unit.

For non-payment of rent applications (L1), the process from serving the N4 notice to obtaining an enforceable eviction order can take several months. Plan accordingly and maintain detailed records throughout the process. Patience and thorough documentation are your most valuable tools when dealing with the LTB.

Key Rules to Remember

• Always serve the correct notice form before filing an application
• Never attempt a self-help eviction (changing locks, shutting off utilities, or removing belongings)
• Only the Sheriff can physically enforce an eviction order
• The tenant can void certain notices (like the N4) by correcting the issue before the hearing
• LTB orders can be reviewed or appealed through the Divisional Court, but this is rare and requires legal grounds
• Consider consulting a paralegal or lawyer for complex cases

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