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Application to End a Tenancy and Evict a Tenant - Tenant gave notice or agreed to end the tenancy |
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Instructions |
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Section A: When to use this application...........p. 1
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Section B: Steps you must take before filing the application .................p. 2
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Section C: How to complete this application..................................p. 2
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Section D: What to include when you file your application.....................p. 3
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Section E: How to file your application .................................... p. 4
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Section F:What to do if you have any questions .................p. 5
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You can use this application if the tenant owes you rent and you want to:
- end the tenancy and evict the tenant or
- collect the money the tenant owes you up to the date they move out of the rental unit If the tenant made a payment by cheque that was returned to you because of nonsufficient funds (NSF) and the tenant has not paid you back for the charges related to that NSF cheque, you can also include these amounts in your application.
You cannot file this application if the tenant has moved out of the rental unit. If the tenant has already moved out, you can apply to court for the money the tenant owes you.
If you do not want to evict your tenant, but you want to get an order from the Landlord and Tenant Board (LTB) so that you can collect the rent the tenant owes you, you can complete the Application to Collect Rent the Tenant Owes (Form L9) and file it with the LTB. However, you cannot file the L9 application if the tenant has moved out of the rental unit. You should also be aware that if the LTB issues an order on an L9 application and the tenant still does not pay, you cannot use that order to evict the tenant.- Print clearly or type and do not touch the edges of the boxes.
- If there are more boxes in a line than you need, start from the left and leave the extra boxes blank.
- Do not fill in boxes that do not apply to you (for example, if you do not have a fax number, do not fill in boxes in the space marked “Fax Number”).
- If the instructions tell you to shade a box or a circle (for example, circles marked “Yes” or “No”), shade the box or circle completely.
- first, fill in the amount of rent that you are currently holding as a rent deposit,
- next, fill in the date you collected the rent deposit,
- finally, if you have paid the tenant interest on the rent deposit, fill in the start date and end date of the last period for which you paid the tenant interest on the rent deposit.
- the amount of the cheque,
- the date of the cheque,
- the date your financial institution charged you for the NSF cheque (under Date NSF Charge Incurred),
- the amount the bank charged you for the NSF cheque (under Bank Charge for NSF Cheque),
- the amount of your related administration charges (under Landlord’s Administration Charge), Note: A landlord’s administration charge for NSF cheques can include your personal or corporate costs related to the handling of NSF rent cheques. For example, this charge may include the costs for additional accounting expenses or tenant notification in cases of NSF cheques. The maximum administration charge for an NSF cheque allowed by the Residential Tenancies Act, 2006 (the Act) is $20 per cheque.
- Calculate the amounts for each row in the Total Charge column by adding the amount for Bank Charge for NSF Cheque and the amount for Landlord’s Administration Charge. Do not include the Cheque Amount.
- Calculate the amount for Total NSF Related Charges Owing by adding the amounts you filled in the Total Charge column.
- The completed L1 application form,
- A copy of the N4 Notice to End Your Tenancy for Non-payment of Rent form you gave the tenant,
- The Certificate of Service showing how and when you gave the tenant the N4 form,
- The application fee (listed on the cover page of the application).
Section B: Steps you must take before filing the application
Before you file this application, you must give the tenant an N4 Notice to End your Tenancy for Non-payment of Rent. The N4 notice is available from the LTB at tribunalsontario.ca/ltb.
You must wait until the day after the termination date you put on the N4 notice to file this application. Also, you cannot file this application if, before you file, the tenant pays the amount required to void the N4 notice.Read these instructions before completing the application form. You are responsible for ensuring that your application is correct and complete. Follow the instructions carefully when you complete the application form.
The information you fill in on the form will be read electronically; therefore, it is important to follow the instructions below:PART 1:Address of the Rental Unit Covered by this Application
Fill in the complete address of the rental unit, including the unit number (or apartment or suite number) and the postal code.
If the street name includes a direction that will not fit in the five spaces provided (such as Northeast) use the following abbreviations: NE for Northeast, NW for Northwest, SE for Southeast, SW for Southwest.
Example:
If the address is: #208 at 1120 Mayfield Road North, London, this is how you should complete Part 1 of the application:
PART 2: TOTAL AMOUNT THE TENANT OWES Part 2 includes a space for you to fill in the amount you believe the tenant owes you as of the date you file the application with the LTB.
Do not fill in the amount you believe the tenant owes you until you have completed Part 5 and Part 6 of the application. Once you have completed Parts 5 and 6, you will copy the amount you filled in under Total in Part 6 to the space provided in Part 2. This is the total amount the tenant owes you on the date you file your application with the LTB.
In the space for the date, you must fill in the date you are filing the application with the LTB.
PART 3: GENERAL INFORMATION
Landlord’s Name and Address
In the Landlord’s Name and Address section, fill in the landlord’s name and address. If the landlord is a company, fill in the name of the company under “First Name”. Include both daytime and evening telephone numbers and a fax number and e-mail address, if you have them.
If there is more than one landlord, fill in information about one of the landlords in this section of Part 3. Provide the names, addresses and telephone numbers of the additional landlords on the Schedule of Parties form which is available from the LTB website at tribunalsontario.ca/ltb.
Tenant Names and Address
In the Tenant Names and Address section, fill in the tenant’s name. If two tenants live in the rental unit, fill in both their names. If more than two tenants live in the rental unit, fill in information about two tenants in this section of Part 3. Provide the names, addresses and telephone numbers of any additional tenants on the Schedule of Parties form which is available from the LTB website at tribunalsontario.ca/ltb.
Mailing Address
Fill in the date of the first rent increase you intend to take for the rental units covered by the application. Note that you must file your application no later than 90 days before the effective date of the first intended rent increase. Related Applications
If you or your tenant have filed other applications that relate to this rental unit, and those applications have not been resolved, fill in the file numbers in the space provided.
PART 2: REASONS FOR YOUR APPLICATION
Shade the appropriate box or boxes to indicate what you are applying for.
Shade either the Yes or No circle to answer whether or not the tenant is still living in the rental unit on the date you file this application. The tenant must be living in the rental unit when you file this application.
Shade the appropriate circle to indicate whether the tenant pays rent by the month, week or other. If you choose “other”, fill in the frequency of rent payments (for example, bi-weekly) in the space provided.
Information about the rent deposit
The LTB will subtract any rent deposit and interest you owe the tenant from the amount of rent the tenant owes you.
If you did not collect a rent deposit, leave these boxes blank. If you collected a rent deposit from the tenant:PART 5: DETAILS OF THE LANDLORD’S CLAIM<
br/> Section 1: Rent Owing: Complete the Rent Owing table to show how you calculated the amount of rent the tenant owes you.
“Rent’ includes the basic rent for the rental unit, plus any amount the tenant pays you separately for services (such as parking). If the tenant is responsible for paying all or a portion of a utility bill (such as hydro) directly to the utility company or indirectly through the landlord, this is not considered rent. However, if the tenant is required to pay a flat rate to the landlord each month for a utility, this would meet the definition of rent.
If the tenant owes more rent than when you served the N4 Notice of Termination for Non-payment of Rent, include all the rent owing up to the date you file the application.
If the tenant owes you rent for more than three rental periods, you can combine two or more rental periods in the first or second row of the table. However, in the last row of the table that you complete, you must show the rent charged, rent paid and rent owing for the last rent period for which the tenant owes rent. Example: The tenancy agreement between Bruce Campanolo, the landlord, and Sophia Maxwell, the tenant, requires Sophia to pay $1000 on the first of each month.
On November 1, 2014 Sophia paid only $900 and on December 1st, she only paid $700. On January 1, 2015 Sophia gave Bruce a cheque for $1000 which was returned NSF.
On January 14th, Bruce gave Sophia an N4 Notice to End your Tenancy for Nonpayment of Rent. The notice set out that she owed $1400 and that she had until January 28th to pay or move out.
Sophie did not pay or move out by January 28th, so on January 29th Bruce filed this application with the LTB. This is how he filled out the rent owing table:Section 2: NSF Cheque Charges: If the tenant made a payment by cheque that was returned to you because of non-sufficient funds (NSF), and the tenant has not paid you back for the charges related to the NSF cheque, you can include these amounts in your application. If the tenant does not owe you anything related to NSF charges, leave this section blank.
Complete the table to show how you calculated the amount the tenant owes you. Fill in one row of the table for each NSF cheque the tenant gave you. Include the following information:Example: Sophia Maxwell, the tenant, gave Bruce Campanolo, the landlord, a cheque for $1000.00, dated January 1st for January’s rent, but the cheque was returned NSF.
As a result, the bank charged Bruce an NSF fee of $5; the fee appeared on his bank statement on January 14th. Bruce also had costs related to the handling of the NSF cheque.
Bruce gave Sophia an N4 Notice to End your Tenancy for Non-payment of Rent. Sophia did not pay the rent by the termination date in the notice so Bruce applied to terminate the tenancy.
Bruce filled out the table as shown below to show how he calculated the amount owing for the NSF related charges:
PART 6: TOTAL AMOUNT OWING
Transfer the Total Rent Owing amount from Section 1 of Part 5 to the Total Rent Owing field in Part 6.
Transfer the Total NSF Related Charges Owing amount from Section 2 of Part 5 to the Total NSF Cheque Related Charges Owing field in Part 6.
Under Application Fee, fill in the application fee of $201.
Calculate the amount under Total Amount Owing by adding the Total Rent Owing amount, the Total NSF Cheque Related Charges Owing amount and the application fee. Then, transfer this amount to the box in Part 2. The date you fill in Part 2 is the date you are filing the application with the LTB.
Example: When landlord Bruce Campanolo files this application, tenant Sophia Maxwell owes him $1400 in rent, $25 in NSF charges and $201 for the application fee. This is how Bruce filled out Part 6 of the form:
Note: the most the LTB can order based on your claim is $35,000. If you believe the tenant owes you more than $35,000, and you want to collect the full amount, you should apply to court and not to the LTB. Once the LTB issues an order based on your application, you no longer have any claim to amounts greater than $35,000 from your tenant.PART 7: SIGNATURE
If you are the landlord, shade the circle marked “Landlord”. Then, sign the application form and fill in the date.
If you are the landlord’s representative, shade the circle marked “Representative”. Then, sign the application form and fill in the date
REQUEST FOR ACCOMMODATION OR FRENCH-LANGUAGE SERVICES
The LTB wants to ensure that everyone who uses its services can ask for and receive accommodation and/or French Language services in order to be able to participate in its proceedings on an equal basis.
Shade the appropriate box or boxes on the form to indicate whether you need accommodation under the Ontario Human Rights Code, French-language services or both. The LTB will not include a copy of this form when we give the other parties a copy of the application form. However, the information will be included in your application file. The file may be viewed by other parties to the application.
If you require accommodation under the Human Rights Code, explain what services you need in the space provided.
PAYMENT AND SCHEDULING INFORMATION FORM
Complete this form to provide the LTB with the information required to process your application. Your application will not be accepted if you do not pay the application fee at the time you file the application. If you owe money to the LTB as a result of failing to pay a fee or any fine or costs set out in an order, your application may be refused or discontinued.
You may request a fee waiver if you meet the financial eligibility requirements set out by the LTB. You will need to complete the Fee Waiver Form which is available from the LTB website at tribunalsontario.ca/ltb. For more information about fee waivers and the eligibility criteria, go to the fee waiver rules and practice direction on the Rules of Practice page of LTB website.
Part 1: Payment Method
Shade the appropriate box to show whether you are paying by cash, debit card, money order, certified cheque, Visa or MasterCard. You cannot pay by cash or debit card if you are filing your application by fax or mail. If you are paying by credit card, include the cardholder’s name and signature, the card number and expiry date. The information you fill in on this part of the form is confidential. It will be used to process your application, but will not be placed on the application file.
Part 2: Information Required to Schedule the Hearing
The LTB will normally schedule your hearing between 3 weeks and 6 weeks after the date you file your application. The LTB will schedule your hearing on the first available hearing date within this 3 week period. If there are any dates that you are not available during this 3 week period, list them here. The LTB will not schedule your hearing on the date(s) you indicate you are not available and will schedule your hearing on the next available hearing date. The LTB will not contact you to schedule a hearing.To file this application, you must include the following:
Your application will be refused if any of the items listed above are missing.
You can file your application in one of the following ways:
1.e-File Complete and pay for your L1 application online using LTB e-File. If you e-File your application you must pay by credit card or debit card.
2. In Person at the nearest LTB office.
To find a list of LTB office locations visit the LTB website at tribunalsontario.ca/ltb. You can also call the LTB at 416-645-8080 or 1-888-332-3234 (toll-free).
If you file your application in person at an LTB office, you can pay the application fee by cash, debit card, certified cheque, money order, Visa or MasterCard.
3. By Mail: Mail your A4 application to the nearest LTB office. To find a list of LTB office locations visit the LTB website at tribunalsontario.ca/ltb. You can also call the LTB at 416-645-8080 or 1-888-332-3234 (toll-free). If you mail your application, you can pay the application fee by certified cheque or money order, Visa or MasterCard.
4. By Fax: You can fax your application to the nearest LTB office. To find a list of LTB office fax numbers visit the LTB website at tribunalsontario.ca/ltb. You can also call the LTB at 416-645-8080 or 1-888-332-3234 (toll-free).
If you fax your application you can pay the application fee by Visa or MasterCard.
Certified cheques and money orders must be made payable to the Minister of Finance.
You can visit the LTB website at: tribunalsontario.ca/ltb.
You can call the LTB at 416-645-8080 from within the Toronto calling area, or toll-free at 1-888-332-3234 from outside Toronto, and speak to one of our Customer Service Officers.
Customer Service Officers are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m. They can provide you with information about the Residential Tenancies Act and the LTB's processes; they cannot provide you with legal advice. You can also access our automated information menu at the same numbers listed above 24 hours a day, 7 days a week.

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