L9- Application to Collect Rent the Tenant Owes
Transcript
Introduction
Welcome to Landlord’s Self-Help Centre’s module about the L9 application 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.
Notice does not have to be provided to the tenant as there is no Landlord and Tenant Board notice that goes along with this application. The L9 application does not ask the Board to terminate the tenancy, it only asks for an order of arrears. If you are looking to both end the tenancy and get an order for arrears of rent, watch the N4 and L1 Landlord Learning Modules for information on that process.
Important information…
This application can only be filed with the Landlord and Tenant Board as early as the day after the day rent is due and not paid, and only if the tenant is still in possession of the rental unit.
However, if the tenant moved out of the rental unit and gave back possession, the landlord cannot file with the Landlord and Tenant Board at this time, they will have to sue in Small Claims Court.
This application can be filed in person or online, but make sure to read through it carefully so that you understand what you are filing.
It is best practice to file this application as soon as legally allowed to avoid delays. The application process can take 3 to 4 months or longer, so make sure to follow the timelines.
Part 1: Address of the Rental Unit
Read the instructions on the first two pages, as they will also assist with the completion of this application.
Make sure that the address of the rental unit is properly indicated in part 1.
Part 2: 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 in this application.
Instructions for the Tenant
Although this section provides information for tenants, it’s useful for the landlord to read and understand the options provided.
Please note, the image shown in this presentation is not a complete set of the options. Refer to the L9 application for an explanation of all the options provided to tenants.
Part 3: Landlord’s Information
If there are multiple landlords, use the Schedule of Parties form from the Landlord and Tenant Board website to add them to the application.
Please note that 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 application. As an added precaution, make sure to also check your Junk Mail folder.
Part 3: Tenant’s Information
If there are more than 2 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 have filed a different application with the Landlord and Tenant Board and the hearing hasn’t happened yet.
Part 4: 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 a year, indicate if you have paid interest on the deposit. If you haven’t, leave that 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 and given back possession, you will not be able to continue to file this application.
Part 5: Details of the Landlord’s Claim
Be very careful when filling out this table. It is important that the rental periods are listed correctly because the smallest mistake will likely mean you having to start the process over.
For example:
- If rent is due on 1st of the month, the rent period would run from the first of that month until the very last day of that same month.
- If rent is due on 15th of the month, the rent period would run from the 15th of one month until the 14th of the next month.
- If your rent period shows as the 1st to the 1st, or the 15th to the 15th this is incorrect.
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.
Part 6: Total Amount Owing
If you file the L9 application online through the Landlord and Tenant Board’s e-file option, the Application Fee in this section would change.
The total in this section, Part 6, is what you must write as the amount owing in Part 2 of the application.
Note that the fees to file applications with the Landlord and Tenant Board will increase on July 1, 2020.
Part 7: 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 may mean your application gets dismissed at the hearing and you will have to refile.
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 4-8 weeks after the application is filed. So it’s best not to wait too long 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 module about the L9 application 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 issue or situation, please contact a legal service provider.