tribunal3

Landlord and Tenant - Further Steps

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What is the Law?
 


What If I Do Not Like the Landlord and Tenant Board’s Decision?

Once an order is issued, it is final.  The LTB will not change an order because you don't like it, or because you think it is unfair.  

If you do not like how the LTB decided your case, you can:

  1. File a motion to set the order aside (this applies in limited cases only);
  2. Request a review because of a serious mistake; or
  3. Appeal the decision to the courts because of a legal error.

If you need help in understanding which of the 3 steps applies to you, you should speak to a lawyer.

For more information on LTB Decisions, see the Board’s frequently asked questions.

Ombudsman Ontario

The Ombudsman does not have the power to overturn decisions or change tribunal decisions, but if you believe you were treated unfairly by an administrative tribunal you can make a formal complaint with the Ombudsman.  If the Ombudsman agrees, he can make recommendations to the tribunal to address the problem, and he can also make recommendations about government legislation, policies or programs.  For more information on the powers of the Ombudsman over tribunals, go to: Ombudsman Ontario

What is the Law?

Legislation

The Residential Tenancies Act is the most important law that sets out the rules for residential tenancies. The Act explains what the rights and responsibilities are for both landlords and for their tenants. The LTB must follow this Act.

Rules of Practice

The LTB’s Rules of Practice explain the rules that the LTB should follow. You can find these on the LTB's website.

Decisions

Other decisions might help you understand how a LTB member might see your issue, and help you prepare for your hearing.  You can find LTB decisions on the LTB website, under Selected Decisions.

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< Back to The Hearing

Tribunal Number: 

Landlord and Tenant - The Hearing

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The Six Steps of a Hearing


The Landlord and Tenant Board Hearing

The Landlord Tenant Board will hold a hearing to resolve the problem between a tenant and landlord. Hearings are similar to court, since both the landlord and the tenant have to present their case and can show evidence.

At a hearing, a LTB member will hear both sides of the story. After they hear both sides, the LTB will make a decision based on what they’ve heard and on the evidence they have seen. The decision is issued in writing and it is called an order.

Help for Tenants: Duty Counsel Services

To help prepare tenants for a hearing, the LTB offers a service called Tenant Duty Counsel Services. A tenant duty counsel is a person who helps the tenant during the hearing, and is available at all hearing locations.  Tenants do not need an appointment to get help, but should arrive early for their hearing so there is time to see the tenant duty counsel.

Mediation

  • If the LTB thinks your case is one that can be resolved through a mediation session, they will suggest it. 
  • A Mediator who works for the LTB will work with both sides to try to reach an agreement to settle the dispute.
  • Mediation is a more relaxed way to reach a decision than formal LTB hearings. 
  • Mediation is optional; this means that both the tenant and the landlord have to agree to it for it to take place.  
  • If one side does not want to go to mediation, a LTB hearing will take place instead.

Video from the Landlord and Tenant Board website.

The Six Steps of a Hearing

  1. The applicant speaks

    You, the tenant, are the applicant and you go first.  This is your chance to tell the LTB member

    • Your side of the story
    • A little background information on who you are, and how long you have lived in the rental unit
    • What the problem is, and why it is a problem; and
    • How you have tried to solve the issue before going to the LTB. This can include trying to speak to the landlord, or writing to the landlord about the problem.
    • You can also bring witnesses, who will provide evidence by speaking about the case.
  2. The respondent can ask you questions

    Once you have finished telling your story, the respondent (landlord) can ask questions. The respondent is not allowed to argue with you; he or she can only ask questions.

  3. The respondent tells his/her side of the story

    The respondent now has a turn to tell his or her side of the story. The respondent might bring evidence to show why this side of the story is true. Respondents can also bring a witness to the hearing.

  4. The applicant can ask the respondent questions

    You now have a chance to ask the respondent (landlord) questions. If you didn't understand any part of the respondent’s story, this is the time to ask questions about it.

  5. The applicant and respondent say a final word about their story

    First the applicant, and then the respondent, each have a turn to:

    • Remind the LTB member about the important parts of their story, including evidence; and
       
    • Tell the LTB member what they think the decision should be, and why.
  6. The Board Member makes a decision

    After the hearing, the LTB member issues a written decision, called an order. A copy of the order will be sent to both parties (applicant and respondent).  The order might describe how the LTB member reached a decision, or it might not. If it doesn't, either party has 30 days after the hearing to ask for the reasons for the decision.

Video from the Landlord and Tenant Board website.

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< Back to Getting Ready          Continue to Further Steps >

Tribunal Number: 

Landlord and Tenant - Getting Ready

Go to:
Filing a Certificate of Service
Preparing Your Evidence
Help for Tenants: Duty Counsel Services
 


The Landlord and Tenant Board will Review Your Application

Once the Landlord and Tenant Board (LTB) gets your forms, they will look them over. If they find any errors, or if they need more information from you, they will send the forms back to you.

If your form is ready to be submitted, the LTB will schedule a hearing.

The LTB will send you a Notice of Hearing that includes the following information:

  • The type of application you have filed (which of the 11 forms you used)
  • The purpose of the hearing
  • The type of hearing that will be held (oral, written or telephone hearing), and
  • The date, time and place of your hearing

Serving the Respondent

You must give a copy of each form to the respondent, which is called "serving" the respondent.  You will receive 2 copies of the application form and 2 copies of the Notice of HearingIf there is more than one respondent, you must make enough copies to give to each respondent.  

Deadlines for Serving the Respondent

There are different deadlines for serving the respondent once you receive your Application and Notice of Hearing from the LTB. The deadline for serving the respondent with these documents depends on the type of form. The LTB has a chart on their website to help you figure out the deadline to serve the respondent.

It is important to follow the deadlines set by the LTB. If a deadline is not followed, your application can be cancelled or delayed.

How Do You Serve the Respondent?

You can serve the documents yourself or through another person.

If You are Serving a Landlord

The LTB’s website has a chart explaining how to serve the respondent. You can view this chart on the website. It is important to meet the right deadline for your kind of application. You can give the documents to the landlord, an employee of the landlord or a property manager. To serve the documents to a person’s agent, you can serve that individual by mail, fax, or courier.

Filing a Certificate of Service

After you have given the Application and Notice of Hearing form to the landlord by whatever method you choose, you have to let the LTB know how and when you gave the form to the landlord, by sending the LTB a Certificate of Service within 5 days after the documents were served.  You will get more information about the Certificate of Service in the application package you receive from the LTB.

How Do You Prepare for and Carry Out Your Hearing?

Types of Hearings

Video from the Landlord and Tenant Board website.

There are 3 different types of hearings: Oral, written, and electronic. 

  • Oral: Most often, there is an oral hearing, in which the parties will meet in person with the LTB Member for the hearing. 
  • Written:  In a written hearing, the parties each send a letter to the LTB telling their side of the story, including the facts and evidence that support their story. The LTB will make a decision after looking over the letters and evidence.
  • Electronic: In an electronic hearing, the LTB will schedule a telephone or video conference, where each side will speak about their case to the LTB Member. 

Representatives or Witnesses at Your Hearing

  • You are allowed to bring a representative to your hearing, such as a lawyer, a friend or a relative. If that person is not a lawyer, you must write to the LTB to let them know who will be representing you.
  • You can also bring a person to act as a witness to the hearing. If you are thinking of bringing a witness, you must ask that person before the hearing date. 

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Preparing your Evidence

  • Gather and prepare the evidence you want to use at the hearing before your hearing date. Your evidence should help prove your side of the story.
  • Bring 3 copies of any evidence to the hearing: 1 for the LTB member, 1 for the respondent and 1 for you.

Language

Hearings are usually carried out in English. French-language hearings can be held if:

  • The applicant asks for the hearing to be in French or if the application was filed in French; and
  • The address of the rental unit or the address of the party asking for French language services is in an area where the French Language Services Act applies.

If both of the above apply to you, you should tell the LTB as soon as possible. The LTB will provide a French interpreter at your hearing. The LTB will also try to schedule a French-speaking member for the hearing.

The LTB will not translate or pay for the translation of any documents that have been filed.

Interpreters for Languages other than French

  • The LTB does not provide interpreters at the hearing for languages other than French. If you cannot speak with the Member or a party in English or French, you will have to bring an interpreter to the hearing with you.

Sign Language

  • If you have a hearing disability, you must write to the LTB to let them know. The LTB will arrange for the services of a sign language interpreter and will pay for this service.

Human Rights Accommodations under the Human Rights Code

  • The Board is guided by 3 pieces of accessibility legislation: the Ontario Human Rights Code, the Ontarians with Disabilities Act, and the Accessibility for Ontarians with Disabilities Act.

What Does This Mean?

  • This means that the LTB must follow these 3 pieces of legislation since they are law. The LTB cannot discriminate against a person based on the grounds (reasons) in the Human Rights Code. The grounds are: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status and disability.
  • If you are an applicant with a disability, you can ask the LTB to make special arrangements for you by telephone, fax or mail. If you are making your request in writing, you must fill out a form called Additional Services Available to You at Your Hearing.
  • For more information about asking for accommodation, please see the LTB’s  Policy on Accessibility and Human Rights. Copies of the LTB’s policy are also available at all LTB's regional offices. You can also ask for a copy of this policy in braille.

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Help for Tenants: Duty Counsel Services

  • To help prepare tenants for a hearing, the LTB offers a service called Tenant Duty Counsel Services.
  • Tenant Duty Counsel Services refers to a person to help a tenant during the hearing. This service is available at all LTB locations. Tenants do not need an appointment to get help.
  • If you want help, you should arrive for the hearing early, so that there is time for you to see the Tenant Duty Counsel. 

Mediation

  • If the LTB thinks your case is one that can be resolved through a mediation session, they will send you information on mediation by mail once they receive your application.
  • Mediation sessions offer a more relaxed environment than formal LTB hearings. A mediator who works for the LTB will work with both sides to try to find an agreement on their problem.
  • Mediation is optional; this means that it can take place only if both the tenant and the landlord agree to it. If one side does not want to go to mediation, a LTB hearing will take place instead.

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< Back to Application Process          Continue to The Hearing >

Tribunal Number: 

Landlord and Tenant Applications

Go to:
The Application Process
What is the Issue?
 


Before You Can Apply to the Landlord and Tenant Board

In order for a tenant to submit an application to the Landlord and Tenant Board (LTB) and for them to hear your case, you must either be a tenant or have given a rental deposit to a landlord.

In addition, an application can be filed by:

  1. a group of tenants;
  2. a former tenant; or
  3. a person or group of people who paid for a rental unit but did not move in.

You do not need a lawyer to apply to the LTB, but if you believe your issue is complicated, you should get legal advice before you file an application.

Video from the Landlord and Tenant Board website.

The Application Process

There are 4 steps that a tenant must follow to apply to the LTB, and each step is discussed below.

Step 1: Choose the correct application form

There are 11 different application forms that a tenant can choose from. You must know what matter you are bringing to the LTB in order to choose the correct form.

You can find the 11 issues and the correct form in the chart below.

Some application forms require you to pay a $45.00 fee when you file your application. Please see the chart to see if your form requires a fee.

If you do not see your issue listed, you should contact the LTB for help.

You can contact the LTB by telephone:

Toronto Line: 416-645-8080
Toll-free: 1-888-332-3234

Step 2: Fill out the correct application form 

You can find the necessary forms on the LTB's website.  They also provide instructions under each form on how to fill it out. 

Step 3: Get supporting documents

Some application forms tell you about supporting documents that must be attached to the application. You must include these documents, or the LTB will refuse your application form. 

Step 4: Submit the application to the Board

By mail or fax
If you are mailing or faxing documents, include the file number, if you have one. This way, the LTB knows which file the documents belong to. Send your application to the office below that is closest to the rental property.

In person at the LTB
You can visit one of the LTB offices below to get information from a customer service officer, file an application or get forms or brochures.

Hamilton - Southern Office
119 King Street West, 6th Floor
Hamilton, Ontario L8P 4Y7
Fax: 905-521-7870 or 1-866-455-5255

Sudbury - Northern Office
199 Larch Street, Suite 301
Sudbury, Ontario P3E 5P9
Fax: 705-564-4118 or 1-866-410-1399

London - Southwestern Office
150 Dufferin Avenue, Suite 400
London, Ontario N6A 5N6
Fax: 519-679-7290 or 1-888-377-8813

Toronto East Office
2275 Midland Avenue, Unit 2
Toronto, Ontario M1P 3E7
Fax: 416-314-8649 or 1-888-377-8808

Mississauga - Central Office
3 Robert Speck Parkway, Suite 520
Mississauga, Ontario L4Z 2G5
Fax: 905-279-7286 or 1-888-322-2841

Toronto North Office
47 Sheppard Avenue East, Suite 700
Toronto, Ontario M2N 5X5
Fax: 416-314-9567

Ottawa - Eastern Office
255 Albert Street, 4th Floor
Ottawa, Ontario K1P 6A9
Fax: 613-787-4024 or 1-888-377-8805

Toronto South Office
79 St. Clair Avenue East, Suite 212
Toronto, Ontario M4T 1M6
Fax: 416-326-9838

In person at ServiceOntario (Filing only)
You can file an application in person at some ServiceOntario locations.

ServiceOntario staff cannot give you information about the law or LTB procedures, but they can accept documents. Do NOT mail or fax documents to a ServiceOntario location. If you are mailing or faxing documents, send them to one of the LTB offices listed above.

To find the ServiceOntario location nearest you that accepts LTB applications and documents, visit ServiceOntario’s Service Location Finder under “Housing and Property”.

If a fee is required along with your application, you must pay it when you file your application. It is important to remember to have this fee ready when you file.

If there is a $45.00 fee, you can pay it using cash, a money order, a certified cheque, a debit card (in most offices), Visa, MasterCard or American Express.

If you are submitting your application by fax, you must fill out the payment portion of the application form with your credit card number.

If you write a cheque, make it payable to The Minister of Finance. 

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What is the Issue? What Form do I Use? Fee?

My landlord has charged me an illegal rent or charge, and I want a rebate.

Form: Tenant Application for a Rebate

Form T1 $45.00

My landlord did not;

  1. use my rental deposit to credit my last month's rent, 
  2. return the rental deposit to me,
  3. pay me interest annually on my rent deposit, and I want a rebate.

Form: Tenant Application for a Rebate

Form T1 $45.00

My landlord has:

  1. changed my locks and I have not received a replacement key.
  2. illegally entered my unit.
  3. interfered with my reasonable enjoyment of my rental unit.
  4. harassed, coerced, or threatened me.
  5. discontinued or interfered with my care services, vital services, or food in a care home.

Form: Application about Tenant Rights

Form T2 Free

My landlord has:

  1. reduced or cancelled a service or facility, or
  2. not reduced my rent when there was a decrease in municipal taxes and charges.

Form: Tenant Application for a Rent Reduction

Form T3 $45.00

My landlord and I entered into an agreement to increase my rent above the Guideline, but the landlord did not do the work or provide the service agreed to.

Landlord did not comply with our agreement to increase the rent above the guideline amount.

Form: Tenant Application Landlord did not Comply with an Agreement to Increase the Rent Above the Guideline

Form T4 $45.00

My landlord gave me a Notice of Termination because:

  1. the landlord, or a member of the landlord's family or their caregiver wanted to move in.
  2. the purchaser, or a member of the purchaser's family or caregiver wanted to move in.
  3. the landlord was going to demolish, convert or do extensive repairs to the rental unit but this did not happen.

Form: Landlord Gave a Notice of Termination in Bad Faith

Form T5 Free

My landlord has not properly maintained or repaired my rental unit or the residential complex.

Form: Tenant Application About Maintenance

Form T6 $45.00

I want to know if the Residential Tenancy Act (RTA) applies to my rental unit or rental complex.

Form: Application About Whether the RTA applies

Form A1 $45.00

My landlord has not allowed me to:

  1. sublet my rental unit to somebody else.
  2. assign my mobile home park site to someone who wants to purchase my mobile home.

Form: Application About a Sublet or an Assignment

Form A2 $45.00

I have sublet my unit to somebody else, and that person has not left even though the sub-tenancy has ended.

Form: Application About a Sublet or an Assignment:

Form A2 $45.00

The Notice of Rent Reduction sent by the municipality was wrong.

Form: Application to Vary the Amount of a Rent Reduction

Form A4 $45.00

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< Back to Overview          Continue to Getting Ready >

Tribunal Number: 

Landlord and Tenant Overview

Go to:
What can the LTB do for you?
Other Help
 


This overview aims to help people understand how the Landlord and Tenant Board (LTB) deals with appeals from tenants. It is not intended as legal advice. If your issue is complicated or difficult to explain, you may want to see a lawyer to help you with your appeal.

Is the Landlord and Tenant Board for you?

The LTB works to resolve residential tenancy disagreements between landlords and their tenants. The LTB also provides important information on tenancy issues both online and by phone at 416-645-8080 within Toronto, or toll-free at 1-888-332-3234.

Any residential tenancy matter can be brought to the Board, but here are the most common issues:

  • Evictions
  • Illegal trespassing by a landlord into a tenant’s unit
  • Poor maintenance or disputes over repairs
  • Rental increases or an increase in tenancy charges
  • Harassment or threats made by a landlord

What Can The LTB do for You?

If a landlord and tenant are not able to solve a disagreement between themselves, an application to the LTB might be the best way to find a solution to the problem.

The LTB could try mediation to resolve the dispute, or there could be a hearing.

At the hearing, the LTB will hear both the tenant and the landlord’s side of the story and make a decision based on the facts and evidence it hears.

The hearing process is a way to make sure that your side of the story is heard, and to get an unbiased decision. 

Video from the Landlord and Tenant Board website.

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To obtain legal advice, you can contact:

Legal Aid Ontario
Toronto Line: 416-979-1446
Toll-free: 1-800-668-8258

To find the Community Legal Clinic near you, go to 

Lawyer Referral Service
Toronto Line: 416-947-3330
Toll-free: 1-800-268-8326

Other help might be found at:

Advocacy Centre for Tenants Ontario
Toronto Line: 416-597-5855
Toll Free: 10866-245-4182

CERA: Centre for Equality Rights in Accommodation
Toronto Line: 416-944-0087
Toll-free: 1-800-263-1139

The Federation of Metro Tenants' Associations 
Toronto: 416-921-9494
(Although this website is Toronto based, it has information that is helpful for people across Ontario)

Ontario Tenants Rights website

Community Legal Education Ontario (CLEO)

Landlord Tenant Board Help for Tenants

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