Overview of the Ontario Landlord and Tenant Board (LTB)
Established in 2006 in conjunction with the Ontario Residential Tenancies Act, the Ontario Landlord and Tenant Board (LTB) adjudicates on most landlord-tenant laws. Primarily, the LTB’s role is to inform landlord and tenants of the laws surrounding the Residential Tenancy Act and fairly resolve landlord-tenant disputes.
It's always recommended that a landlord and tenant attempt to mediate a dispute themselves before applying to the LTB. However, if the landlord and tenant are unable to see eye to eye, either party may make an application to the Board. The most common cases the LTB handle involve:
Nonpayment of rent
If a tenant has not paid rent, a landlord may serve a tenant a non-payment of rent notice (N4) as soon as one day after rent was due. The tenant will then have 14 days to pay rent, otherwise a landlord may file an L1 application to escalate the issue to the Board. The Board typically hears nonpayment of rent applications within twenty-five days of filing and will order a resolution within four days. In some cases, the LTB may terminate the tenancy and rule for a tenant's eviction, but often times, they will configure a payment schedule for the tenant. If the tenant does not comply with the payment schedule, a landlord may proceed back to the LTB for further ruling. A further ruling may involve another payment plan, eviction, or even wage garnishment. If the tenancy has already ended, and it ended after September 1, 2021, the landlord will have twelve months to apply to the board for any outstanding rent arrears.
Evictions
If a landlord has notified a tenant to evict the premises and the tenant does not comply, either landlord or tenant may decide to apply to the Board. Both will be required to present themselves and any evidence to either support or oppose the reasoning for an eviction. If a landlord has taken the proper and legal steps, such as providing the correct notice period, ensuring all information on any forms is correct, and has legitimate, good-faith reasons for an eviction, then the LTB will typically rule in the landlord's favor.
Damages
If a tenant has damaged a rental property and has refused to pay for the repairs, a landlord may apply to the LTB for remediation. Similar to nonpayment of rent, the LTB may order the tenant to pay for the damages. They may recommend a payment plan and escalate this to wage garnishment as well, if there has been further non-compliance. Landlords will also have the option to apply to the board for damages for up to twelve months after a tenancy has ended (if it has ended after September 1, 2021).
Harassment
If a landlord has intervened with a tenant's reasonable enjoyment of a property, such as entering the premises without notice, refusing to accept rental payments, withholding vital services, changing the locks, or has otherwise threatened and/or harassed a tenant, a tenant may apply to the board with a T2 application. The LTB may order the landlord to cease these activities along with a rent abatement, levying a fine against the landlord, ordering the landlord to pay for any damages caused to the tenant, terminate the tenancy, or other solutions that may be necessary. On the other hand, if a tenant has been harassing the landlord or building staff, they may similarly file an application to seek appropriate remediation.