The L1 – Application to evict a tenant for non-payment of rent and to collect the rent the tenant owes is a lengthy process, so ensuring that each step is done correctly and your are following the proper timelines is extremely important or you may have to begin the process all over again. After filing the L1 Application, a Notice of Hearing (NOH) is normally issued by email to the landlord and the tenant shortly after the L1 application is filed; if no email is specified in the L1 application, it will be sent by standard mail. We recommend checking your junk mail folder, as sometimes the NOH will sent there. The NOH includes the following information: the date and time of the hearing, the type of application, the purpose of the application, instructions on how to join the virtual hearing, how to send in evidence, the zoom link for the hearing, and an attachment of the L1/L9 – Information Update Form.
Please note that under Section 83(6), when considering an eviction for arrears of rent, the board must take into account whether the landlord has attempted to negotiate an agreement with the tenant:
Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.
Preparing for Your Hearing
The L1/L9 – Information Update Form is to be completed and submitted to the Landlord and Tenant Board (LTB) by uploading to the Tribunals Ontario Portal or by email and served to the tenant 5 days prior to your hearing date. This form allows the landlord to update any new rent owed and/or payments made by the tenant after having filed the L1 Application.
This example shows that since filing the L1 Application, August and September rent became due and was not paid.
Any additional evidence is required to be submitted to the LTB and served to the tenant 7 days prior to your hearing date. If any of the evidence is uploaded or served to the tenant late, it may not be considered. Evidence should be in an organized package, with everything dated, labelled, and in their own specific tabs. The L1 Application evidence should only include relevant evidence in accordance with this application, which includes:
- A payment plan (if negotiated)
- E-transfer email notifications
- Copies of rent receipts
- A ledger (if available)
Evidence will only be considered if brought forward by the landlord with the exception of the L1/L9 information update sheet, landlords should not assume that the adjudicator has reviewed their evidence.
Mediation
On the day of the hearing, mediation may be offered but is not required. Both parties must be agreeable to mediation, if not, the hearing will continue as scheduled.
What is Mediation: The process of engaging a neutral third-party mediator to meet with the landlord and tenant in a private breakout room to assist the parties in coming up with an agreement during a confidential discussion. Both parties must agree to take part in mediation. For an L1 Hearing, this would be an agreement to a payment plan.
Section 78: This section states that a landlord may file an application with the LTB without notice to the tenant if the tenant breaches a term or condition of a mediated settlement or order, the landlord can file an application (L4) with the LTB without notice to the tenant. The landlord will receive an ex-parte order for eviction. For an L1 Hearing, this would mean the tenant fails to comply with the agreed payment plan.
What Happens at the Hearing
At the hearing, both parties will have the opportunity to argue their case and it will be up to the adjudicator to determine the outcome and prepare an order accordingly.
Pursuant to section 83(1) of the RTA the eviction can be delayed or denied if the adjudicator feels it is just.
83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,
(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
(b) order that the enforcement of the eviction order be postponed for a period of time.
Under Section 82(1) the tenant is allowed to raise any issues subject to their own application at a hearing for non-payment of rent:
82 (1) At a hearing of an application by a landlord under section 69 for an order terminating a tenancy and evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant,
(a) complies with the requirements set out in subsection (2); or
(b) provides an explanation satisfactory to the Board explaining why the tenant could not comply with the requirements set out in subsection (2). 2020, c. 16, Sched. 4, s. 16.
In the circumstance where a tenant has issues to raise at the hearing, the following should be provided to the landlord at least 7 days before the hearing under Section 82(2)
82(2) The requirements referred to in subsection (1) are the following:
- The tenant shall give advance notice to the landlord of the tenant’s intent to raise the issue at the hearing.
- The notice shall be given within the time set out in the Rules.
- The notice shall be given in writing and shall comply with the Rules. 2020
Order
An order can take up to 60 days to be sent out and will contain the adjudicator’s decision and reasons for that decision.
Standard Order: A routine order of eviction, which provides the tenant with 11 days to vacate the unit or pay the full amount of the arrears owed. Otherwise the landlord can file with the sheriff for eviction enforcement on the 12th day.
Please note that, the 11-day timeline will start of the day the order is issued, not the date of the hearing.
For additional resources on how to complete and file a L1 Application, please see the links below:
- https://landlordselfhelp.com/podcast/l1-application/
- https://landlordselfhelp.com/landlord-learning-modules/
- https://landlordselfhelp.com/podcast/ltb-hearings/
- https://landlordselfhelp.com/podcast/l1-l9-information-update-as-of-the-hearing-day/
Contributed by Diana Lumaj.
Diana is a paralegal student participating in LSHC’s Paralegal Student Co-op Program.