I have screenshots of text messages from other tenants complaining about the tenant in question and they describe the tenant’s behaviour in detail with specific times and dates. I also have a video from a security camera and it recorded footage that I would like to use at the hearing. There are also photos regarding the damages the tenant caused. Is there a specific format the video and photos have to be in?
It is my understanding that each Board office may have slightly different equipment for displaying video evidence. DVD is a commonly used format, and three copies would be required. We would also recommend bringing your own equipment for displaying video evidence if possible, such as a laptop.
If photographs are part of your evidence, they should be of adequate size to show proper detail. If printouts of text message screenshots are being displayed as evidence, then printing them on regular sized paper should be adequate. Again, three copies are required.
It is best to contact the Board office that you will be attending to make sure that presenting evidence in this way will be allowed and sufficient.
This is a link to a Landlord and Tenant Board case from CanLII that makes reference to text message as a usual means of communication between the landlord and (applying) tenant, for your reference:
I know that the L3 Application requires a signed Affidavit. However, it asks for a signature of a Commissioner and a signature of a Deponent. What do I do with this?
You do not need to fill out the bottom part of the affidavit as this must be done by the commissioner or notary. Only the top part and the statements listed in numbered paragraphs inside the large box need to be completed by you. The commissioner will ask you to verify your statements.
You can have an affidavit sworn for free by a commissioner of oaths on staff at the Landlord and Tenant Board. To have one sworn in advance of going to the Board, you would likely have to use a lawyer, paralegal or notary public at your own cost.
For reference, here is a link to our Town Hall slides on the topic of Agreements to Terminate Tenancy. You will find more information near the bottom of the document under the heading “Landlord and Tenant Board”.
I have a question regarding the representative of the landlord. According to the Landlord and Tenant Board, the landlord can have a representative representing them with a written consent or agency authorization. Is there a specific format of such consent/authorization?
There is no standard form or format for a letter of agency authorization to be used at the Landlord and Tenant Board, nor does Landlord’s Self-Help Centre have a template for client use at this time. We suggest simply writing a letter specifying the person that will be representing the landlord at the hearing and having the same letter signed by the landlord.
I have to file two separate applications at the Landlord and Tenant Board. Can they be combined if I am e-filing?
We do not generally encourage e-filing for small landlords, as the Board will charge a separate filing fee for each application. Filing in person at a Landlord and Tenant Board or Service Ontario location will ensure you only pay one application fee for two separate applications.
If the LTB finds that I need to compensate my former tenant, who has filed a T2 for reasons #3 and #4, could they also charge me, or fine me, and have me pay penalty money?
Reading the Landlord and Tenant Board’s Interpretation Guideline 16 in the linked information will give you a good sense of when the Landlord and Tenant Board will typically issue a fine: http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/16%20-%20Administrative%20Fines.html
As you can see, it says, “This remedy is not normally imposed unless a landlord has shown a blatant disregard for the RTA and other remedies will not provide adequate deterrence and compliance.” Typically the Board member must be satisfied that the landlord knowingly disregarded the law for their own ends, before issuing a fine of any kind.
Since there is no certainty about you even getting a fine, I also suggest that you do not focus on the amount of fines available, as they are very rarely the maximum amount, and are simply impossible to predict.
Past cases from the tribunal can be found on CanLii (you can narrow your search by using specific keywords or document text in your search).
You can visit http://www.sjto.gov.on.ca/ltb/contact/ 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 http://www.sjto.gov.on.ca/documents/ltb/Brochures/Important%20Information%20About%20Your%20Hearing%20(EN)%20Revised_Bill140_June15_2015.pdf.
The Board ordered our tenants to pay their rent owing, and we want to file for Garnishment of Wages. We don’t know where the tenants work, or their home address, and the Simcoe County Housing office won’t give it to us. Can we still file?
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.
My parents are landlords and have a hearing, they cannot speak English. Would the Landlord and Tenant Board provide interpreters for non-English speakers?
The Board does not provide an interpreter unless it is for French Language services. Information from the Landlord and Tenant Board website, http://www.sjto.gov.on.ca/ltb/language-services/, 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.
I’m due at the Board tomorrow for a hearing to terminate based on own use. Can you help me on how to present my case?
First, gather any evidence that you want to bring to the hearing such as the Affidavit you filed with the Board, maps of the rental unit, pictures or any other evidence that would be relevant to your hearing. Make sure to bring three copies of any evidence you are intending to rely on: one for the adjudicator, one for the other side and one for yourself.
If the hearing is for a family member’s own use (i.e., your spouse, child or parent) you should arrange for them to come to the hearing as a witness. This can help in case the adjudicator wants to clarify matters by questioning the person who wishes to occupy the unit in good faith.
Finally, it may be beneficial to observe a hearing at the Landlord and Tenant Board since they are open to the public. This will give you a general understanding of how a hearing is held and if you find that you are not comfortable representing yourself in front of the Tribunal Member, you can then look into hiring a agent (i.e. paralegal or lawyer) to represent you.
I served the tenant with a first N5 on July 25th and second N5 on Aug 15th. It’s now Oct 19th and I have been told that I had to apply for a hearing within 30 days after the termination date, and that this period has expired. Do I have to start over?
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.
I served my tenant an L9 for rent owed as I didn’t want to evict them. They paid one month owing and left, but my hearing date at the LTB is in a couple weeks. I’m still short one month’s rent. Do I have to proceed in Small Claims Court now?
You can still attend the LTB hearing to obtain an Order for the month that is still outstanding as long asthe tenants received the Notice of Hearing before they moved out.
I made a mistake on my Landlord and Tenand Board application, do I have to start the process all over again?
If the application is based on a notice given to the tenant, you first need to determine if there are any mistakes on the actual notice. If the termination notice is perfect and does not have any errors, then you should be able to re-file an amended application or ask the adjudicator at the hearing to correct the error on the application (if you do not have time to submit one before the hearing).
I live in St. Catharines and have to file my application with the Landlord and Tenant Board in Hamilton. Where will the hearing be held?
The Landlord and Tenant Board will advise you of the hearing location, LSHC does not have that information.
I have already served my tenant an N4. Can I also serve her an N5 for damages and file both corresponding Applications (L1 and L2) at the Board?
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.
How soon after/before the termination date can I file my application with the Landlord and Tenant Board?
When an application can be filed 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, visit www.landlordselfhelp.com or the Landlord and Tenant Board www.sjto.gov.on.ca/ltb for more information about the different notices.
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 http://www.sjto.gov.on.ca/ltb/ for more details.
Can you help me prepare for my hearing? We are terminating for own use because my parents will move in.
We cannot provide any kind of in-depth preparation for your hearing. Going to similar hearings would be the best way to prepare if you have time for that. The Landlord and Tenant Board offers a publication that provides an overview of the hearing process, http://www.sjto.gov.on.ca/documents/ltb/Brochures/Important%20Information%20About%20Your%20Hearing%20(EN)%20Revised_Bill140_June15_2015.pdf.
Also, using the search term “own use” in the search function of the LTB website will help you to prepare for some questions the Member or the tenant may have for your parents who should also attend the hearing. http://www.sjto.gov.on.ca/?s=own+use&search-type=en&submit-button.x=0&submit-button.y=0
At my Board hearing the tenants refused free legal counsel. The Adjudicator didn’t like where we were heading, and decided to adjourn until the tenants obtained counsel. I have already been to court 5 times with these tenants. What are your thoughts?
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.sjto.gov.on.ca/documents/sjto/Complaints%20Policy.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.
A previous tenant filed an Application against us and we have a hearing scheduled at the Board. However, we haven’t received a copy of the application, and do not know what time the hearing will be held. How do I go about getting this information?
The Landlord and Tenant Board should have sent you 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 have not received anything, 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.