Created by the Residential Tenancies Act (RTA), the Landlord and Tenant Board has two primary roles:
- It establishes the rights and obligations of tenants and landlords under the RTA.
- It keeps eviction and maintenance disputes out of Ontario courts by resolving disputes between landlords and tenants through mediation or adjudication.
In short, whether a landlord fails to observe the health, safety and maintenance standards set out by provincial laws and municipal bylaws or a tenant withholds rent, this is resolved through the Landlord and Tenant Board, which is similar to a court where either a landlord or a tenant can apply to the Board. The challenge is understanding the application and hearing process including what to do before you file an application, how to file an application and what happens afterwards.
- Before you file an application
Before applying to the Landlord and Tenant Board, there are steps to take. For example, if you have a problem with your landlord or tenant, you should attempt to solve the problem with a conversation. You also need to understand your rights and responsibilities and get legal advice.
- Choosing an application
If you are a landlord:
The forms available include L1-L9, N4-N8, N10, N12, N13, A1, A2 and A4. Because there are different kinds of concerns, which can happen in a tenancy, correspondingly the LTB application you need to file will be different.
If you are a tenant:
The forms available include T1-T6, A1, A2 and A4. For different concerns that you may have about your tenancy, there are appropriate forms to file with the LTB.
- Filing an application
Applications and supporting documents may be filed in one of 4 ways.
- Using LTB e-File
- In person
- By mail
- Or by fax at any LTB office location or ServiceOntario Centre that accepts applications for the LTB.
- Mediation and hearing
The LTB has rules and practice directions that apply to its processes. To get ready for and understand what happens at mediation and the different types of hearings, you might want to get legal advice.
- The order
The LTB issues four common orders: 1) An interim order, 2) An ex parte order, 3) A hearing order or 4) A consent order.
- Challenging an order
And finally, once the LTB issues an order, it is final. However, you can request amendments, reviews and appeals on ground of clerical mistake or serious error.
Note: Although either a landlord or a tenant can apply to the Board to resolve a dispute, the Board regards notices served by landlords differently from tenant applications. The primary difference in approach is that an application filed by a tenant can be amended but the same is not true for a landlord. Additionally, any irregularity or error in a notice served by a landlord renders the notice void and application dead. This is not the case with a tenant application, which can be amended.
For more information about the LTB, talk to our courteous and knowledgeable staff today!
By Eugeni Denchik- paralegal at ParalegalEase