L2- Application to End a Tenancy and Evict a Tenant (for N8)

Transcript

Introduction

Welcome to Landlord’s Self-Help Centre’s module about terminating a tenancy for persistent late payments.  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.

After serving the N8 notice to your tenant, the next step is to file the L2 application with the Landlord and Tenant Board to schedule your hearing date.

It’s important to note that the N8 notice becomes void if the landlord does not apply to the Board within 30 days of the termination date. 

Filing the L2 application

The landlord can file an L2 application with the Landlord and Tenant Board right after serving the tenant with the N8 notice. The application should be filed as soon as possible in order to save time.

The L2 application can be filed in person at the Landlord and Tenant Board or Service Ontario location, or online through the Landlord and Tenant Board’s e-file option.

The Landlord and Tenant Board website has links to instructions for many of their notices and applications, so make sure to read through them and use them to help fill out the forms.

L2 Application

The L2 application is used with many different termination notices so make sure to only fill out the information relating to the N8 notice (but keep all the pages together).

L2 Application  Part 1: General information

Make sure the address on the L2 application matches what you have on the N8 notice.

Sometimes the online form won’t allow certain things to be typed in. For example, in this case I was unable to type in Ontario for the province. When this happens, you can print the form and handwrite the missing information directly onto the form.

If there are multiple landlords, use the Schedule of Parties form from the Landlord and Tenant Board website to add them to the application www.sjto.ca/ltb   

If there are more than 2 tenants, you should also use the Schedule of Parties form to add them to the application.

If there is another hearing date set for a different issue such as arrears of rent or a tenant application, record the file number in the Related Applications section to alert the Board.  They may be able to join both applications so that both issues are dealt with at the same hearing.

You can only file the L2 application based on the N8 if the tenant is still in possession of the rental unit.

L2 Application  Part 2: Applying to end a tenancy

Make sure to check off the boxes next to Reason 1 and the N8. The termination date must match the termination date indicated on the N8 notice.

L2 Application  Part 3: Applying to collect money the tenant may owe you

By selecting Reason 1 in this section, you are asking for the Landlord and Tenant Board order to include a clause that says that the tenant must pay for each extra day they are in the rental unit past the termination date on the order.

If you are only applying to the Landlord and Tenant Board based on the N8/L2 you can ask for the LTB to award you costs for any NSF charges you have incurred.

Do Not fill out this table if you have also filed for non-payment of rent and included these amounts on the L1 application.

Use this section to let the Landlord and Tenant Board know what the rent amount is and whether or not you have a Last Month’s Rent (LMR) deposit.  This information will be used to calculate a per diem rent amount.

Interest on the LMR is owed to the tenant annually and is based on the annual guideline amounts.  Visit LSHCs website for more information about the guideline. 

L2 Application  Part 4: Signature

Anyone can go to the Landlord and Tenant Board to file these documents for the landlord. However, only the landlord or landlord’s legal representative should sign this application.

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.

Gather all required documentation

Make sure to gather all required documentation before filing this notice and application with the Landlord and Tenant Board.  All the forms can be found on the Landlord and Tenant Board’s website.

It is very important that you do your research to make sure this process is appropriate for your situation.  If you serve your tenant(s) with an incorrect notice, it can cause other problems for you down the road. 

Use resources found on the Landlord and Tenant Board, and Landlord’s Self-Help Centres websites to help guide you through the proper process.

Conclusion

Thank you for watching this module about the L2 application to end a tenancy and evict a tenant after serving the N8 notice for persistent late payments. The information offered in this presentation is intended as general information, it is not legal advice.