FAQ Categories

There are selected cases posted on the Landlord and Tenant Board’s website.

You can visit www.ltb.gov.on.ca/en/About_Us/STEL02_111279.html for a complete list of Regional Office locations and fax numbers. You’ll also find a listing of ServiceOntario Centres where documents can be filed.

According to the Landlord and Tenant Board’s website, the role of the Board is to resolve disputes between landlords and tenants through either mediation or adjudication, regulate rent increases in most residential rental units, and educate landlords and tenants about their rights and responsibilities under the Residential Tenancies Act. The Board is an independent agency. Any decision which the Board makes about the rights or responsibilities of individual landlords or tenants cannot be influenced by any Member of Provincial Parliament or Minister of the Crown.

The Board will schedule a hearing to listen to what the landlord and the tenant have to say, and to consider any evidence they have to present. For most applications an oral hearing is scheduled. In an oral hearing the parties appear in person before the Member. Each party presents any evidence they have and they tell the Member about the situation. Sometimes the Board will schedule an electronic hearing. In an electronic hearing the parties often file written evidence before the hearing and then they tell the Member about the situation over the telephone or by video conference. Sometimes the Board will schedule a written hearing. In a written hearing the parties provide information about the situation by filing written documents by the deadlines set out in the Notice of Hearing. The Member uses these documents to make their decision. The above information is posted at www.ltb.gov.on.ca/en/Application/STEL02_111294.html

The Simcoe County Housing office that provided the tenant’s income is not under any obligation to release personal information about their clients to any third party. All businesses in Canada, even landlords, are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). Personal information may be stored and disclosed only by fair and lawful means, with the individuals consent, and only for purposes that are stated between the parties. The other problem you have is that even if you find out the employer information on your own, and begin to garnish the wages by taking the employer to Small Claims Court, the tenant could quit their job. If this happens, the garnishment payment to court and to you would stop, and you would have to start again once you find out who their new employer is.

The Board does not provide an interpreter unless it is for French Language services. Information from the Landlord and Tenant Board website, http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111486.html, appears below: “Does the Board supply an interpreter at hearings?” The Board will only supply an interpreter at a hearing for two reasons: 1. to provide French language service to a party if: • the rental unit in the application is in an area of the province designated by the French Languages Services Act; or, • the party making the request for French languages services lives in a designated area. 2. to provide a sign language interpreter for a party who is hearing impaired. If you need an interpreter for one of these reasons, you should let the Board know as soon as possible. If these reasons do not apply to you but you would prefer to have an interpreter with you at the hearing, then you will have to get someone to interpret for you at your hearing. This may be: • someone you know that speaks both your native language and English, who would be willing to help you at your hearing, or • it could be an interpreter that you hire to interpret for you at your hearing.” I suggest you contact a community agency through 211.ca or by calling 211 to help you find an interpreter.

The Landlord and Tenant Board is similar to a court and they basically provide information about the law and resolve disputes between landlords and tenants. It is not an organization that you would join.

At this point, what you should do is serve a new N5 as a first N5 with a 20 day termination date. If the problems are not corrected within 7 days, you would not serve a 2nd N5, you would just simply proceed with the next step which is to file the L2 application with the Board. The only time you serve a 2nd N5 with a fourteen day notice period is when the first N5 was corrected within the seven days and then the problems started again.

At this point, what you should do is serve a new N5 as a first N5 with a 20 day termination date. If the problems are not corrected within 7 days, you would not serve a 2nd N5, you would just simply proceed with the next step which is to file the L2 application with the Board. The only time you serve a 2nd N5 with a fourteen day notice period is when the first N5 was corrected within the seven days and then the problems started again.

You can still attend the LTB hearing to obtain an Order for the month that is still outstanding as long as you were able to serve the tenants the Notice of Hearing before they moved out.

The only way to evict your tenant is through the process that you are already following, there is no quicker method.

The Landlord and Tenant Board will advise you of the hearing location, LSHC does not have that information.

You can file more than one application with the Board. If you’re serving the N5 and you have already served the N4, you can wait until the termination date on the N4 and file both applications together so that you will only pay the filing fee once.

When you can file your application depends on which notice you served on the tenant. If the notice is based on nonpayment of rent, then you can apply to the Board anytime after the termination date. If you’ve served a different notice let us know so that we can provide an answer for you.

To contact the Landlord and Tenant Board by phone, call 416-645-8080 from within the Toronto calling area, or toll-free at 1-888-332-3234 from outside Toronto. Customer Service Representatives are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m. Representatives provide information about the Residential Tenancies Act; they cannot provide you with legal advice. You can also access the Board’s automated information menu at the same numbers listed above 24 hours a day, 7 days a week. Visit www.LTB.gov.on.ca for more details.

We cannot provide any kind of in-depth preparation for your hearing. Going to similar hearings would have been the best way to prepare but you do not have time for that. The Landlord and Tenant Board publication provides an overview of the format about half-way down http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111563.html Also, viewing the results of the LTB’s search function using the search term “own use” to help with being prepared for some questions that the Member or the tenant may have for your son. http://www.search.gov.on.ca/FSS/ProcessSearch.do?

Based on what you have described, it does seem that the Member was being biased in pushing the tenants to obtain legal counsel when they had already been advised and chose not to. However, the only suggestion we have for you is to file a complaint about the Member’s conduct. I’ve included the link below to the Board’s Complaints procedure which explains how to file a complaint, http://www.ltb.gov.on.ca/en/About_Us/STEL02_111280.html.

Mediation is voluntary, you are not required to mediate your dispute if you do not wish to do so. You may have an adjudicator decide on the issue.

Your tenant must serve you with a copy of the Application and the Notice of Hearing at least ten days before the hearing. The Application will have details on the reasons for the application, and the Notice of Hearing will contain details on the time and location of the hearing. If you do not receive anything from the tenant, you should contact the Board and ask them to provide you with that information. You can call us when you have more information on the basis of the application, we could then tell you whether you require a lawyer or paralegal.