Ontario Landlord and Tenant Board Guide: Applications, Notices, and Evidence

In the province of Ontario, evictions have become an increasingly pressing issue. Landlords often argue that the Residential Tenancies Act (RTA) favours tenants, while tenants argue that it favours landlords. The situation is far more nuanced and complex.

Decisions made by the Landlord and Tenants Board (LTB) are not based on favoring one group over another. Instead, outcomes depend on evidence, proper procedure, and public policy considerations. In practice, this means that an applicant must file the correct application, meet all procedural requirements, and serve proper evidence on the responding party within the required timelines.

The LTB process can be complex, particularly when it comes to evidence and oral submissions. For individuals who are unfamiliar with the law, these requirements can feel overwhelming and may create the impression that the system favours those with legal knowledge.

However, the rules enforced by the Board are intended to ensure procedural fairness and consistency during hearings. Success often depends less on who is applying and more on whether the claim is properly supported by evidence.

Tenant Applications

In Ontario, the most common applications for tenants are T1, T2, T3, and T6.

·      T1 Application: Used for issues such as illegal rent charges or improper collection of rental deposits.

·      T2 Application: Used when a landlord interferes with a tenant’s reasonable enjoyment of the unit or engages in harassment.

·      T3 Application: Used when a landlord reduces or removes services that were previously provided.

·      T6 Application: Used when a landlord fails to meet maintenance or repair standards.

Evidence Requirements for Tenant Applications

All four tenant applications require evidence. Generally, the applications must posses two key elements:

1.     A copy of the lease agreement is required to establish that a tenancy exists.

2.     Additional evidence that proves that the alleged incident or issue occurred.

Examples of evidence for each application include (but are not limited to):

·      T1: Proof of improper charges or lack of reimbursement, such as bank statements.

·      T2: Witness statements, photographs, videos, or written communications to support claims of interference or harassment.

·      T3: The lease agreement showing the service provided, along with photographs of the removed or reduced service.

·      T6: Inspection reports and photographs showing the maintenance or repair issues.

Landlord Applications

In relation to the Landlord, the typical applications include L1, L2, L9, and L10, which are based on notice forms such as N4, N5, N7, N8, N12, and N13.

Evidence Requirements for Landlord Applications

The evidence required for an application depends on the notice that is being presented:

·      L9 based on N4: The landlord must show that rent was not paid through accepted methods, often using bank records or rent ledgers.

·      L1, L2, or L9 based on N4 and N8: The landlord must demonstrate ongoing late or missed payments by the tenant, and that the tenant made no effort to request a payment plan, showing that hardship was imposed on the landlord, and a lack of mitigation by the tenant.

·      L1 or L2 based on N5: The landlord’s evidence may include photographs, inspection reports (for damages), witness statements, and relevant reports such as police reports.

·      L1, L2, L9, or L10 based on N7: The landlord may utilize witness statements, photographs, or videos documenting serious or egregious conduct by the tenant.

·      L1, L2, or L10 based on N8: The landlord must show persistent behaviour without good faith, such as frequent late payments, poor communication, disruptive conduct, or disrespectful behaviour that is supported by receipts, text messages, or witness statements.

·      L2 based on N12: The landlord must submit an affidavit and supporting evidence demonstrating a genuine need for the unit by themselves or an eligible family member.

·      L2 based on N13: The landlord must provide work orders and necessary permits to establish that renovations, demolition, or conversion are being carried out in good faith.

This evidence is then used during hearings where all parties must make opening statement submissions, direct examination submissions, cross examination submissions, and closing statement submissions, which provides greater weight to the submissions.

Failure to submit adequate evidence by the applicant can significantly reduce the likelihood of success.

Navigating a Landlord and Tenant Board matter can be stressful and overwhelming, whether you are a tenant facing eviction or a landlord trying to enforce your rights.

Our team is committed to assisting both landlords and tenants by providing clear guidance, strategic preparation, and thorough case review. Early legal advice can help you avoid costly mistakes, strengthen your evidence, and ensure your matter is presented effectively before the LTB.

If you are involved in a Landlord and Tenant Board dispute or anticipate an upcoming application or hearing, contact us today to discuss your situation and learn how we can help you.