TRANSCRIPT: L1- Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes (N4)
Introduction
Welcome to Landlord’s Self-Help Centre’s webinar about the L1 application to evict a tenant for non-payment of rent and to collect rent the tenant owes. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Important information
Before filing the L1 application, double check your N4 notice to make sure it was filled out and served to the tenant correctly. Any mistakes made on the N4 notice or an improper method of service will mean that the L1 application will not work as intended.
This application can be filed with the Landlord and Tenant Board as early as the day after the termination date on the N4 notice.
Make sure to follow the timelines as this eviction process can take three to four months or longer to complete.
When filing the L1 application, you will have to submit a copy of the N4 notice served to your tenant along with a Certificate of Service which is a one page form that tells the Board how and when you served your tenant with the notice. This form can also be found on the Landlord and Tenant Board website.
If someone served the N4 noticeto the tenant for you, they will have to fill out and sign the Certificate of Service.
Address of the rental unit
The address in this section should match the address of the rental unit listed on your N4-Notice to End your Tenancy for Non-payment of Rent.
Slide #4: Total amount the tenant owes
It may be helpful to fill out this section last since you will need the total from Part 6.
DO NOT include any charges or fees that are separate from the rent such as electricity, water, heating fuel, or cable on this application.
Landlord’s information
If there is more than one landlord, use the Schedule of Parties form from the Landlord and Tenant Board website to add them to the application
Note: If you include your email address on the application, make sure you check your emails regularly as the Landlord and Tenant Board may email you important information about your hearing. As an added precaution, make sure to also check your Junk Mail folder.
Tenant’s information
If there are more than two tenants, you should also use the Schedule of Parties form to add them to the application.
Fill out the related applications section only if you or your tenant has filed a different application with the Landlord and Tenant Board and that hearing hasn’t happened yet.
Reasons for the application
Make sure to check the boxes to indicate what you want the order from the Landlord and Tenant Board to include, such as Rent owing or NSF charges if there are any.
Indicate the amount of money you are holding as the Last Month’s Rent (LMR) deposit and when it was collected.
If the tenant has been living in the rental unit for over one year, indicate if you have paid interest on the LMR deposit. If you haven’t paid any interest, leave this section blank.
In order to file this application, the tenant must still be in possession of the rental unit. If the tenant has moved out of the unit completely, you will not be able to continue to file this application.
Details of the application
Unless the tenant made partial payments after they were given the N4 notice or new rent came due, this table should look the same as the Rent Owing table on the N4.
If new rent came due after you served the N4 but before you file the L1 application, this amount can be added in the Rent Owing chart on the L1. Refer to the N4 notice for non-payment of rent webinar for the initial missed rent periods for this example.
Details of the application continued
If you had to pay NSF charges to your bank because a cheque from your tenant bounced, you can include the fees you had to pay to your bank plus a maximum administration fee of $20 for each occurrence.
Total amount owing
If you file the L1 application online through the Landlord and Tenant Board’s e-file option, the Application Fee would change to $175 from $190.
The total in this section, Part 6, is what you must write as the amount owing in Part 2 of the application.
Signature
Only the Landlord or a Licensed Lawyer or Paralegal can sign this application.
If you are unable to file the application yourself, a friend or family member can file it for you, but you must be the one to sign and date the application. Failure to do this will likely mean your application gets dismissed at the hearing and you will have to refile.
Signature continued
If you have a Lawyer or Paralegal representative, make sure their information is included in this section.
If you don’t have a representative and are doing this on your own, leave this section blank.
Important information to note
Review the application and read the important information section to make sure you understand what you are filing.
Hearings are typically scheduled four to eight weeks after the application is filed. So it’s best not to wait too long after the termination date on the N4 notice passes before filing your application.
You may also find it helpful to go to the Landlord and Tenant Board before your hearing date to observe the process. Hearings are open to the public, so you will be allowed to sit in and observe.
Conclusion
Thank you for watching this webinar about the L1- Application to evict a tenant for non-payment of rent and to collect rent the tenant owes.
The information offered in this presentation is intended as general information, it is not legal advice.
If you have a specific issues or situation, please contact a legal service provider.