L2 – Application to End a Tenancy and Evict a Tenant (N12)

Transcript

Introduction 

Welcome to Landlord’s Self-Help Centre’s module about terminating a tenancy for own use.  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 N12 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 N12 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 at any time after serving the N12 notice based on landlord’s or purchaser’s own use.

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 N12, 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 N12 notice.

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

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

You can only file the L2 application based on the N12 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 N12. The termination date must match the termination date indicated on the N12 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 Board based on the N12 you can ask for the Board 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 this on the L1 application.

Use this section to let the 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 Landlord’s Self-Help C’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: Schedule B – Additional information

Ending a Tenancy for Landlord’s Own Use

Schedule B applies in cases where the N12 notice was served for either landlord’s own use or purchaser’s own use.

If you served the N12 and your hearing date is scheduled after the termination date on the N12, you must pay the tenant compensation or provide another acceptable unit by the termination date on the notice.

If your hearing date is scheduled before the termination date on the N12, you still have time to pay the tenant the compensation. It is suggested that you bring the payment with you to the hearing.

L2 Application: Schedule B – Additional information

Ending a Tenancy for Landlord’s Own Use

The Declaration form applies to both landlord’s own use and purchaser’s own use and is a separate document that must be completed by the person moving into the rental unit.  This form can be found on the Landlord and Tenant Board’s website.

Make sure to file the declaration at the same time the application is filed with the Landlord and Tenant Board. Once Bill 184 is proclaimed it will become mandatory for these forms to be submitted together. 

Declaration v. Affidavit

On the left is an image of the Declaration and on the right is an image of the Affidavit.

The main difference between the two is that the Affidavit is sworn before a Commissioner of Oath and the Declaration is not. 

The Landlord and Tenant Board made the declaration available on December 15, 2018 as a way to speed up the filing process. It does not matter which form is used as long as it is filled out properly and with truthful information by the person who intends to move into the property. This person must also attend the hearing. 

Previous N12/N13 Reporting

Once Bill 184, Protecting Tenants and Strengthening Community Housing Act is proclaimed, landlords will also be required to notify the Landlord and Tenant Board of any N12 or N13 notices they have given for the same or different rental unit. Non-compliance means the Landlord and Tenant Board can refuse the application.

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.

Organize supporting documentation

It is important for the landlord to have all their supporting documentation at the hearing.  

For example, if the unit is required for a caregiver, gather medical or other information that can be offered in support of the application and illustrate the need for a caregiver.

The Landlord and Tenant Board hearings are open to the public, so you may find it helpful to attend before your hearing date as a spectator to observe and get a sense of the process. However, with COVID-19, keep in mind that the Landlord and Tenant Board operations have been modified.

Landlord and Tenant Board hearing

These hearings are usually conducted in person in front of an adjudicator. The tenant can dispute the application if they do not believe that the landlord or purchaser is acting in good faith. So the landlord will have to explain the reasons for giving the notice to terminate the tenancy and demonstrate that there is a good faith intention by the landlord, purchaser, immediate family member of the landlord or purchaser, or a caregiver for one of these individuals to move into the rental unit. The person who will occupy the unit should be present at the hearing. After the hearing, an Order will be issued and sent to both parties with a decision.

Due to the COVID-19 pandemic, operations at the Landlord and Tenant Board have changed, and while the Board is not currently open to the public, hearings are being conducted by teleconference or video conference.

Tenant’s bad faith application

If the qualifying individual does not move into the rental unit within a reasonable amount of time after the tenant moves out; or the landlord advertises the unit for rent or sale within the first year; enters into a new tenancy agreement; or converts or demolishes the rental unit or building, the tenant can file a T5 application against the landlord for bad faith, and they can file this application anytime within the first 12 months after moving out of the rental unit.

It is important to note that even if the landlord was initially successful in obtaining an order for termination based on the N12 at the Landlord and Tenant Board, they can still be found to have acted in bad faith. 

Bad Faith- Tenant moved out

If the landlord has been found by the Landlord and Tenant Board to have acted in bad faith, they can be ordered to pay things such as:

  • Differences in rent for up to 1 year,
  • Reasonable out of pocket moving and storage expenses,
  • A fine to the Landlord and Tenant Board, or
  • Anything the board considers appropriate under the circumstances.

Gather information & educate yourself

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 Centre’s 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 N12 notice for own use. This information is also available in video format.

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.