The Tribunals Ontario Portal-Filing an L2 – Application to Terminate the Tenancy and Evict a Tenant for Landlord’s or Purchaser’s Own Use
Transcript
Introduction
Welcome to this step-by-step module on how to complete and file an L2 application using the Tribunals Ontario Portal (TOP). An L2 application is used when a landlord needs to evict a tenant for own use. The information offered in this presentation is intended as general information, it is not legal advice.
Important Information
Important Information before filing the L2 application, double check your N12 notice to make sure it was filled out correctly and has been served to the tenant in a manner prescribed by the Board. Any mistakes made on the N12 notice or an improper method of service could mean that the L2 application may be dismissed at the Landlord and Tenant Board hearing. (Please refer to our N12 – Application to Terminate the Tenancy and Evict a Tenant for Landlord’s or Purchaser’s Own Use module).
This application may be filed with the Board anytime after the N12 notice has been served on the tenant but no later than 30 days after the termination date set out on the notice.
Make sure to follow the timelines as this eviction process can take significant time to complete.
Before getting started
Before getting started, it’s important to ensure that you have all the necessary documents and information ready. This includes a valid email address, a digital copy of the N12 notice served to the tenant, a digital copy of the Certificate of Service, and a completed digital copy of the declaration. You’ll also need your debit or credit card details to pay the filing fee, unless you plan to request a fee waiver. For information on completing an N12, visit our Learning Module – N12- Terminating a Tenancy for Landlord’s Own Use.
N12 Module for Landlord’s Own Use
Filing the L2 Application
The landlord can file an L2 application with the Landlord and Tenant Board at any time after serving the N12 but no later than 30 days after the termination date set out on the notice.
Accessing the LTB Portal
To access the LTB’s Tribunals Ontario Portal, start by visiting the Tribunals Ontario website at https://tribunalsontario.ca/en/.
Once on the homepage, scroll down and click on ‘Landlord and Tenant Board’.
Afterwards scroll down and click on ‘Go to the Tribunals Ontario Portal.’
You will be redirected to another page where you will have to scroll down and click on ‘Go to Tribunals Ontario Portal.’ This will redirect you to the LTB Tribunal Portal landing page where you can either log in or create a new account.
Getting Started
If you do not already have an account, click ‘Create Account’. Enter your email address and create a secure password that meets all listed requirements.
If you already have an account, click ‘Log In’ to access your dashboard.
Starting a New Application
To begin a new application, click on ‘Create a new File’.
It will then ask you to specify the type of issue you want to raise. Click “Landlord Tenant Board – Landlord.”
From the list of available options, select ‘L2 – Application to End a Tenancy and Evict a Tenant or Collect Money’
Pre-Application Questions
Before moving forward, you’ll be asked to confirm certain conditions related to your application. If you don’t select or check all the boxes, you won’t be able to continue with your application.
Application Instructions
You will then be shown important information about the application process. Review this content carefully. Once you’ve gone through it and confirmed that all applicants are aware of the Tribunals Ontario’s Access to Records Policy, click ‘Start Application’ to start entering your information.
Rental Unit Information
Here you can use the ‘Find Address” option by inputting the postal code. You can select the correct address then continue by entering the unit number. Be sure to double check the city/town as sometimes the portal inputs the incorrect information.
Landlord and Representative Information
Next, you’ll need to add the landlord’s details. Click the three dots in the appropriate section to input this information. If there is more than one landlord, you have the option to add another.
If someone is representing you, such as a legal representative or property manager, their information must be added here as well.
This is where the Landlord’s name would be inputted along with their address. If the mailing address is not in Canada then you would have to check off that box.
Accommodations
You’ll now see a section asking if you require any special services, such as French interpretation or Accommodation under the Ontario Human Rights Code. Check the boxes that apply to your situation. If none do, simply leave the section blank and continue.
Tenant Information
At this stage, add the tenant’s information by selecting the option to input their details.
If the mailing address is the same as the rental unit address, click ‘Mailing address is the same as the rental unit address.’ If there is more than one tenant, you have the option to add multiple. All mandatory fields marked must be completed to proceed.
Landlord Forms
Click on ‘L2 – Application to End a Tenancy and Evict a Tenant or Collect Money’ and a drop-down page of what is required to be filled out will open.
Rent information
In this section, you will have to provide how much rent is paid, when it is due, and if it is a fixed term or not. Please note that in order for the L2 application to be accepted, the tenant must still reside in the rental unit.
Rent Deposit
You will be asked if you collected a rent deposit. If so, select ‘Yes’ and complete the necessary fields. Keep in mind that landlords must pay annual interest on rent deposits, based on the rent increase guideline rate set by the province; the rent increase guideline rate is different every year so ensure to check you paid the correct amount. If you have not paid any interest on ‘Last Month’s Deposit,’ leave this section blank.
Reasons for Application
You will then be given 3 reasons. Select Reason 1 – I gave the tenant one of the following Notices to End your Tenancy. Once you select it, a drop-down of all the notices will appear. Select N12 – Notice to End Your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit.
Reasons for Application (Part 2)
Afterwards, you will have to specify who intends to move into the rental unit, how the N12 was served to the tenant, the date the N12 was served, and the termination date on the N12.
Please note that the termination date must be the last day of the rental period and 60 days from when the N12 was served. For example, if rent is due on the 15th of the month and you give notice to the tenant on March 15th, this means the termination date on the form should be listed as May 14th.
Collect Money the Tenant May Owe You
If a tenant remains in the rental unit after the termination date listed on an N12 without paying rent, you may apply to collect money owed for each day the tenant stayed beyond that date. In addition, if the tenant provided a non-sufficient funds (NSF) cheque, meaning the cheque exceeded the available funds in the bank account, the landlord may also seek to recover any resulting bank and administrative charges.
Compensation Requirement
When ending a tenancy using an N12 notice, the landlord must provide the tenant with compensation equal to one month’s rent. This compensation must be paid on or before the termination date listed on the N12. Even if the tenant is in arrears, compensation is still mandatory, and failing to provide it will result in the application being dismissed.
Declaration – Who Must Complete It
The Landlord and Tenant Board requires a declaration to be submitted with the L2 application. This declaration must be completed and signed by the person who intends to move into the rental unit.
What Goes in the Declaration
The declaration must clearly state that the person is moving into the unit in good faith, understands they must live in the rental unit for a minimum of one year, and explains the reason for moving into the unit.
Previous N12s
If any N12 notices were served within the last two years for the same rental unit or any other unit owned by the landlord, those notices must be disclosed. This includes the date the notice was served, the address of the rental unit, and the name of the intended occupant.
Copy of N12 Notice
A copy of the N12 notice must be attached to the application. This must be the same N12 that was served on the tenant, with no change or differences.
Uploading Documents
Next upload the required supporting documents, including a copy of the Certificate of Service and the declaration. If you have a physical copy, scan it and save it to your computer to upload.
When uploading the ‘Certificate of Service’ it will ask you “What was the method of service?”, “Who gave the Notice Form to the tenant?” and “What date was the Notice Form served to the tenant(s).”
Adding the Required Documents
Click ‘Upload Files’ then select the document. You can only upload one document at a time. After uploading the document, select the type of document it is you are uploading. Once you have completed that, click ‘Add Document.’ To add more, repeat the steps.
All uploaded documents should appear in the ‘Document Manager.’
Review and Payment
You’ll now be shown a summary of the entire application. Take your time to review it thoroughly and ensure all the information is accurate.
Once you have reviewed your application, you must input your name and the date to confirm that all the information is correct. You will also have to check the boxes in order to proceed.
Next, it will then inform you of what happens after you submit the application.
The current filing fee is $186.00.
Click to proceed with entering your payment information.
Fee Waiver Option
If you are unable to pay the fee, you may be eligible for a fee waiver. You may qualify if you receive income support through Ontario Works, ODSP, or OAS with GIS.
You may also qualify if your gross household income falls below the income threshold set by the LTB.
Learn more about Fee Waivers on their website.
Consent to Communication via Portal
We recommend consenting to receive all communications from the LTB through both the portal and your email to stay up to date. Please note that this only enables the LTB to communicate with you.
Thank You
And that’s the full walkthrough! You’ve now learned how to file an L2 application through the Landlord and Tenant Board’s Portal. For additional support, forms, and resources, visit the Landlord’s Self-Help Centre website. Thank you for following along.