LTB Form L1: Application to Evict a Tenant for Non-Payment of Rent

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Some landlords will need to use the remedy of eviction in order to resolve a landlord and tenant dispute. If the landlord wants to enforce this remedy, they can accomplished this through the submission of LTB Form L1.

What is Form L1?

The Ontario Landlord Tenant Board (LTB) regulates all landlord-tenant disputes. As part of their service, the LTB publishes numerous forms for parties to use in the legal process. These forms can be found on the LTB Forms page.

Form L1: Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes is used when landlords need to formally evict a tenant due to back rent payments and collect the balance due.

This is used after the delivery of LTB Form N4: Notice to End Tenancy for Non-payment of Rent.

When to Use Form L1?

Form L1 is used to evict tenants who are living in the rental unit and simultaneously collect the rent which is due.

A landlord can file Form L1 when:

• The tenant is in arrears on rent payments, and
• The landlord wants to evict the tenant (you can alternatively use Form L9 to collect money without an eviction), and
• The tenant has already been served a Form N4: Notice to End Tenancy Early for Non-payment of Rent, and
• The termination date on the N4 has passed
  *this is usually 14 days after serving the Form N4

There are a few common scenarios where it may seem like the use of Form L1 is appropriate, but it cannot be used.

Sometimes the tenant has already voluntarily vacated the premises, so eviction is not necessary. Additionally, some landlords may want to petition the LTB for the money that is owed, but allow the tenant to stay.

In both these cases, landlords use Form L9: Application to Collect Rent the Tenant Owes. 

How to Complete Form L1?

Form L1 is a standardized Application form that requires the landlord to file specific information about the tenancy and the rent arrears. For convenience, it provides a prerequisite checklist and clear instructions to help the user.

The Checklist

Landlords will first review this list of preliminary steps to make sure it's appropriate to proceed with Form L1.

Part 1: Address Of The Rental Unit

The initial part of Form L1 asks for the basic identifying information of the rental unit. Make sure it is exactly the same as the address on the Form N4 that was previously sent.

Part 2: Total Amount The Tenant Owes

Next, the landlord records the exact amount owed by the tenant. Though this section is early in the form, it should be filled out last. The total that is inputted here is determined by parts 5 and 6 below which ask the Landlord to calculate the rent owed.

Part 3: General Information

In this part, the Landlord gives more basic information such as the landlord’s name, tenant’s name, and the mailing addresses. There is also a section where any other applications related to this particular property should be listed. 

Part 4: Reasons For Your Application

Here the landlord records the reasons for the application primarily by filling in boxes to indicate that the tenant owes rent and is still living in the unit. Additionally, some information about the rent deposit amount and interest is recorded so this can be factored into the total amount owed.

Part 5: Details Of The Landlord’s Claim

This part is made up of two tables where the landlord details the total rent owed and any not sufficient funds (NSF) charges. One key factor to keep in mind is that this amount should be updated from the similar section on the N4 since additional rent has likely come due in the interim. There are only three spaces for past due rent, so make the first line as a longer time period and combination of multiple month’s rent if applicable. 

Part 6: Total Amount Owing

This is simply a calculation to add together all the totals on the tables in Part 5. Then the landlord transfers this number back to Part 2 where the total owed is recorded.

Part 7: Signature

This section is only the dated signature of the landlord or a representative such as a property manager. Make sure this is filled out, because lack of signature invalidates the entire form.

Additional Filings

File all of the following with the LTB simultaneously:

• Completed Form L1
• A copy of the N4 that was served to the tenant
• The Certificate of Service the landlord filled out to confirm delivery of the Form N4 notice
• The application fee of $201 (discounted to $186 if the landlord uses the Tribunals Ontario Portal to make payment)

Additional Information

After the main sections of Form L1, there are two ancillary parts to complete - accommodations and payment. First, individuals needing accommodations for accessibility or anyone needing French Language translations can request them on the form. This is only completed if needed and can also be left blank.

Lastly, payment information and method must be indicated on the form. The LTB will never process an application without payment. Many landlords pay via credit card on the online portal. Alternately, applicants can send a certified cheque or money order with a mailed or courier delivered application. If you are filming by mail and use a credit card, an additional Credit Card Payment Form has to be filled out and attached to the application.

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How to File Form L1

Unlike related notices such as the N4, Form L1 is filed with the LTB only and is not delivered to the tenant by the landlord. When the LTB receives the application, they will set a hearing date and send notice to both parties.

Landlord’s can submit the application in several ways:

• Online via the Tribunals Ontario Portal 
• By mail or courier service delivered to the local LTB office 
• Delivery in-person to the LTB office

*Note that the LTB no longer accepts faxes for most documents.

The LTB Hearing

After the application is submitted, the next step is for the landlord and tenant to appear before the LTB in a formal hearing. The more prepared you are, the better the chance of the eviction being upheld. 

Prior to the hearing, the LTB will request that the landlord and tenant both submit all evidence in relation to the application. As the landlord, you want to bring all your documentation to verify the tenant is behind on rent. Typically, non-payment is more straightforward to prove compared to other violations such as noise complaints, or interference with another's enjoyment. Landlords should keep detailed records to show the history of missed payments and any failed payment agreement plans.

At the hearing, both sides can present arguments about the facts of the case and the relevant law. Depending on the facts and history of the case, the LTB may accept the petition to evict, reject the application, or request some form of mediation. 

No matter the outcome of the hearing, landlords should never attempt to forcibly evict the tenant. If the landlord wins at the hearing, an order can be sent to the Sheriff to complete the eviction and escort the renters off the property. Landlord’s also can not change the locks, shut off utilities, or take any other measures to constructively evict a tenant.

Legal Representation 

The eviction process consists of detailed paperwork, varying timelines, and legal arguments at a hearing. Since evicting a tenant and collecting rent owed is a complex, the LTB allows parties to have legal representation. Many landlords benefit from hiring counsel to help guide them.

Having someone working on your behalf who knows the requirements, can help with all the paperwork, and who will argue for you, can relieve much of the burden and stress of the situation.

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Summary

Many landlord’s will have to evict tenants due to non-payment at some time. Form L1 is the formal application to complete these evictions. This form is part of a longer process that also includes notice, waiting periods, and prerequisite actions. By following the steps in this guide for Form L1 and our guide for Form N4, landlords can better understand all the parts of the eviction process. 

With all these requirements, it is often best for the landlord to reach out for help from a trusted and experienced real estate lawyer. This way, you have someone on your side to protect your rights and your property.

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If you have questions about Form L1 or any other real estate legal matter, we're here to help. As real estate law specialists, our mission is to provide the clarity and direction you need to protect your property rights.

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