TRANSCRIPT: L2- Application to End a Tenancy and Evict a Tenant for Interference, Damage or Overcrowding (N5)

Introduction

Welcome to Landlord’s Self-Help Centre’s module about terminating a tenancy for interfering with others, damage or overcrowding.  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 N5 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 N5 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 only at specific times depending on the type of notice served. 

For a first N5, the landlord can file the application only after the correction period has passed.

For a second N5, the landlord can file the L2 application immediately after notice is given to the tenant.

The L2 application can be filed in person at the Landlord and Tenant Board or Service Ontario location for a fee of $190; or online through the LTB’s e-file option for a fee of $175.

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 N5 notice, but keep all of the pages together.

L2 Application Part 1: General information

Make sure the address in the L2 application matches what you have on the N5 notice.

L2 Application Part 1: General information (continued)

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 www.sjto.ca/ltb   

L2 Application Part 1: General information (continued)

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

L2 Application Part 1: General information (continued)

If there is another hearing date set for another 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 all issues are dealt with at the same hearing.

You can only file the L2 application based on the N5 if the tenant is still in possession of the rental unit.

L2 Application Part 2: Applying to end the tenancy

Make sure to check off the boxes next to Reason 1 and the N5.

The termination date must match the termination date indicated on the N5 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 the tenant must pay for each extra day they are in the rental unit past the termination date on the order.

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

If you included costs for damages on the N5, make sure to complete Reason 2.  It is important to also include estimates with the application to show how you arrived at the amounts you are asking for the tenant to pay.

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

If you are only applying to the LTB based on the N5/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 charges on the L1.

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

Use this section to let the LTB 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 Last Month’s Rent is owed to the tenant annually and is based on the annual guideline amounts.  Visit Landlord’s Self-Help Center’s website for more information about the guideline. 

L2 Application Part 4: Signature

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

L2 Application Part 4: 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.

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.

If filing an L2 application after serving a first and second N5, make sure to include copies of both notices along with their corresponding certificate of service.

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 N5 notice for interference, damage, or overcrowding.

The information offered in this presentation is intended as general information, it is not legal advice.

If you have a specific issue or situation, please contact a legal service provider.