TRANSCRIPT: L3 – Application to End a Tenancy – Tenant Gave Notice or Agreed to Terminate the Tenancy (N11 & N9)

Introduction

Welcome to Landlord’s Self-Help Centre’s module about terminating a tenancy because the tenant gave notice or agreed to leave. 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 signing the N11 with your tenants or receiving an N9 notice, the next step is to file the L3 application with the Landlord and Tenant Board to obtain an eviction order.

It’s important to note that the N11 and N9 notices both become void if the landlord does not apply to the Board within 30 days of the termination date.

Filing the L3 application

If the landlord is uncertain of the tenant’s intention to end the tenancy, the landlord can apply with the L3 application to the Landlord and Tenant Board as soon as the tenant gives the N9 notice of termination or signs the N11 agreement. But note that the Board will not order termination before the termination date set out in the notice or agreement.

The landlord must file the application with the Board no later than 30 days after the termination date set out in the notice or agreement, or it becomes void.

Application for an eviction order

When applying for an eviction order from the Landlord and Tenant Board, the landlord will have to submit a copy of the N9 or N11 along with the L3 application to terminate a tenancy.

The cost of filing the application is $190, this increases to $201 as of April 1, 2020.

L3 Application

The L3 application is used when the tenant gives notice to end their tenancy or when there is an agreement between the landlord and tenancy to end the tenancy.

Part 1: General information

Make sure the address on the L3 application is correct and matches what is written on the N9 or N11.

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 two tenants, you should also use the Schedule of Parties form to add them to the application.

Reasons for your application

If the landlord and tenant signed form N11, check off the box next to the tenant agreed to end the tenancy and write in the termination date that is listed on form N11 in the box provided below.

Part 2: Reasons for your application

If the tenant provided a completed and signed N9 notice with the appropriate date of termination, check off the box next to the tenant gave me a notice to end the tenancy, and write in the termination date that is listed on form N9 in the box provided below.

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.

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.

Declaration

There are certain pieces of information required to go on the declaration that accompanies the L3 such as:

• The date the tenancy agreement was entered into
• The date the notice or agreement was signed
• The termination date set out in the notice or agreement
• The name of the person who signed the notice or agreement
• Acknowledgment that the notice was not provided nor the termination agreement signed at the time the tenancy agreement was entered into, and
• Confirmation that no other agreement was entered into after the original termination agreement.

Refer to the link on the Landlord and Tenant Board website for more information. Next to the L3 application is a link with instructions for the declaration.

Declaration Continued

Make sure to sign and date the bottom of the declaration.

Landlord and Tenant Board Order

When filing an N9 or N11 with the L3 application, the Landlord and Tenant Board will likely issue an order without holding a hearing. This is known as an Ex-Parte order.

A copy of the order will be mailed out to both the landlord and tenant by the Board.

What can the tenant do?

If a tenant decides they don’t agree with the order, they have 10 days to file a Motion to Set Aside after the order has been issued. This means a hearing will be scheduled.

The landlord cannot continue with eviction through the Sheriff until after the hearing has been held and a new order issued.

What to do if the tenant doesn’t leave?

If a Motion to Set Aside is not filed and the tenant does not move out by the specified date, the landlord can file the Landlord and Tenant Board order with the Sheriff’s office. A Notice to Vacate will be sent to the tenant by the Sheriff with further instructions.

Sheriff (Court Enforcement Officer)

The Sheriff’s office will also provide detailed instructions to the landlord. It is very important to follow these instructions carefully so as not to delay the eviction.

The landlord will be required to pay a fee of $315 + km to schedule eviction with the Sheriff’s office. These amounts are subject to change.

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.

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 terminating a tenancy because the tenant gave notice or agreed to leave. 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.