Mokhtari-landlord and tenant board

Stand for your rights as a tenant or landlord

Landlords and tenants in Ontario must use certain forms in order to communicate with one another. Otherwise their application to the board might be dismissed. These forms are from N1 to N15.

Landlord Tenant Board is governed by the Rules of Procedures, Practice Direction and guidelines and Statutory Powers Procedure Act.[/vc_column_text][/vc_column][vc_column width=”1/2″][us_image image=”4681″][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][us_image image=”4682″][/vc_column][vc_column width=”1/2″][vc_column_text]There also regulations which provide details about how a part of the act is applied or interpreted.

If a landlord chooses to apply to the board seeking a resolution for a matter he/she will submit L1-L10.
If a tenant chooses to apply to the board for a decision, he/she will submit T1-T7[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_tta_tour][vc_tta_section title=”All N Notices”][vc_column_text]N1

• Notice of Rent Increase
• Is a form for landlords for notice of rent increase, The rent increase must be approved by an order under the Residential Tenancies Act, 2006 which is called Annual Guideline Increase.
• It will state when the increase happens containing both landlord and tenant information. Landlord must give 90 days notice before the increase.
• A landlord may increase the rent if at least 12 months have passed since the last rent increase or since a new tenant moved into the rental unit

N2

• Notice of Rent Increase (Unit Partially Exempt)

This notice follows the same guidelines as N1 under the Residential Tenancies Act, 2006

• The guideline for rent increases set by the Ministry of Municipal Affairs and Housing does not apply to tenants who live in rental units that are partially exempt from the Residential Tenancies Act, 2006. In these cases, the landlord can raise the rent by any amount.
• The landlord must give the tenant this notice at least 90 days before the date of the rent increase (where applicable).

A tenant does not have to sign a new lease when a fixed term tenancy ends. If the tenant decides not to sign a new lease, the tenant does not have to move, but the tenancy becomes “month-to-month”. If a tenant plans to move, the tenant must notify the landlord on Form N9 (Tenant’s Notice to End the Tenancy) at least 60 days before the lease expires if the tenant has a fixed term tenancy or 60 days before the end of a monthly or yearly rental period. The tenant must notify the landlord on Form N9 at least 28 days before the end of a weekly rental period.

N3

• Notice to Increase the Rent and/or Charges for Care Services and Meals

This notice follows the same guidelines as N1 under the Residential Tenancies Act, 2006

• The landlord must give the tenant a notice to increase the rent and/or the charges for care services and meals at least 90 days before the date of the increase. If the landlord is only increasing the rent, this notice does not have to be given if the landlord and tenant have signed an Agreement to Increase the Rent Above the Guideline (Form N10).
• A landlord may increase the rent if at least 12 months have passed since the last rent increase or since a new tenant moved into the rental unit. This restriction does not apply to increases in the charges for care services and meals.
• If the rent increase needs approval by an order under the Residential Tenancies Act, 2006, the tenant is not required to pay more than the guideline increase until the order is issued. If the tenant pays the guideline increase, the tenant may owe the landlord once the order is issued.
• When a tenant moves into a care home, the landlord must give the tenant a care home information package. Until the tenant receives this package, the landlord cannot give the tenant a notice to increase the rent and/or charges for care services and meals.
• A tenant of a care home must give the landlord at least 30 days notice on Form N9 (Tenant’s Notice to End the Tenancy) before terminating the tenancy. Once the tenant gives this notice, the tenant can give the landlord at least 10 days written notice to stop providing care services and meals.

A tenant of a care home must give the landlord at least 30 days notice on Form N9 (Tenant’s Notice to End the Tenancy) before terminating the tenancy. Once the tenant gives this notice, the tenant can give the landlord at least 10 days written notice to stop providing care services and meals.

N4

• Notice to End a Tenancy Early for Non-payment of Rent
• This notice is served on the tenant to end tenancy because tenant is at fault. The date that the landlord gives tenant in this notice to pay or move out must be at least: 14 days after the landlord gives you the notice, if you rent by the month or year, or 7 days after the landlord gives you the notice if you rent by the day or week.
• If tenant agrees that he/she owes the amount that the landlord is claiming, he/she should pay this amount by the termination date in this notice. If he/she does so, the landlord cannot apply to the Board to evict you based on this notice. If tenant doesn’t pay the amount owing, he/she does not have to move out. However, the landlord can apply to the Board to evict tenant. If the landlord applies to the Board to evict tenant and the Board orders the eviction, tenant will likely have to pay the landlord’s filing fee, in addition to what he/she owes.

N5

• Notice to End Tenancy For Interfering with Others, Damage or Overcrowding

Termination date of the first N5 Notice to End your Tenancy in the past 6 months, must be at least 20 days after the landlord gave tenant the notice. However, termination date of the second N5 Notice to End Tenancy in the past 6 months, must be at least 14 days after the landlord gave tenant the notice. Note: A landlord cannot give tenant a second N5 Notice to End Tenancy unless at least 7 days have passed since the first N5 notice was given.

N6

• Notice to End Tenancy For Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit
• The termination date is different depending on landlord’s reason for giving this notice and whether this is the first or second Notice to End Tenancy in the past 6 months. For Reason 1, the termination date the landlord sets out in this notice must be at least 10 days after the landlord gives tenant this notice. If this is the first Notice to End Tenancy in the past 6 months, the termination date must be at least 20 days after the landlord gives this notice.

If this is the second Notice to End Tenancy in the past 6 months and the first notice had a 7 day correction period, the termination date must be at least 14 days after the landlord gives tenant the notice.

Landlord may give reasons as followed:

1. I believe that you or someone living with you has committed an illegal act or is carrying on an illegal business at the residential complex involving: the production of an illegal drug, trafficking in an illegal drug, possession of an illegal drug for the purposes of trafficking
2. I believe that you or someone living with you has committed an illegal act or is carrying on an illegal business at the residential complex (other than an illegal act or business described in Reason 1),

You live in a rent-geared-to-income rental unit and I believe that you have misrepresented your income or the income of family members who live in the rental unit.

N7

• Notice to End Tenancy For Causing Serious Problems in the Rental Unit or Residential Complex

The termination date the landlord sets out in this notice must be at least 10 days after the landlord gives this notice.

Landlord may give reasons as followed: Your behaviour or the behaviour of someone visiting or living with you has seriously impaired the safety of another person and this behaviour occurred in the residential complex.

You or someone visiting or living with you has wilfully damaged the rental unit or the residential complex.

You or someone visiting or living with you has used the rental unit or the residential complex in a way that is inconsistent with its use as residential premises and this has caused or can be expected to cause serious damage.

You and I live in the same building that has 3 or fewer residential units. Your behaviour or the behaviour of someone visiting or living with you has substantially interfered with: my reasonable enjoyment of the residential complex, and/or another one of my lawful rights, privileges, or interests.

N8

• Notice to End Tenancy at the End of the Term

For most types of tenancies (including monthly tenancies) the termination date must be at least 60 days after the landlord gives tenant this notice. Also, the termination date must be the last day of a rental period. For example, if tenant pays rent on the first of each month, the termination date must be the last day of the month. If the tenancy is for a fixed term (for example, a lease for one year), the termination date cannot be earlier than the last date of the fixed term. Exception: The termination date must be at least 28 days after the landlord gives tenant this notice if his/her tenancy is daily or weekly. Also, the termination date must be the last day of the rental period. For example, if tenant pays rent weekly each Monday, the termination date must be a Sunday. If the tenancy is for a fixed term, the termination date cannot be earlier than the last date of the fixed term.

Reasons as followed
Tenant has persistently paid rent late.
Tenant no longer qualify to live in public or subsidized housing.
Landlord made the unit available to tenant as a condition of employment and the employment has ended.
The tenancy was created in good faith because of an Agreement of Purchase and Sale for a proposed condominium unit and that agreement has been terminated.
Tenant is occupying the unit specifically to receive rehabilitative or therapeutic services and the period of tenancy to which he/she agreed has ended. Landlord can only give tenant a notice for this reason if no other tenant receiving rehabilitative and/or therapeutic services is allowed to live in the residential

N9

• Tenants Notice To End The Tenancy

For most types of tenancies (including monthly tenancies) the termination date must be at least 60 days after the tenant gives the landlord this notice. Also, the termination date must be the last day of the rental period. For example, if the tenant pays on the first day of each month, the termination date must be the last day of the month. If the tenancy is for a fixed term (for example, a lease for one year), the termination date cannot be earlier than the last date of the fixed term. Exceptions:

• The termination date must at least 28 days after the tenant gives the landlord this notice if the tenancy is daily or weekly (the tenant pays rent daily or weekly). Also, the termination date must be the last day of the rental period. For example, if the tenant pays rent weekly each Monday, the termination date must be a Sunday. If the tenancy is for a fixed term, the termination date cannot be earlier than the last date of the fixed term.
• The termination date can be earlier than the last day of a fixed term tenancy (but still must be the last day of a rental period) if the tenant is giving this notice because:
• the tenancy agreement was entered into on or after April 30, 2018,
• the landlord was required to use the Residential Tenancy Agreement (Standard Form of Lease) form but did not,
• the tenant demanded in writing that the landlord give them this form, and – more than 21 days have passed since the tenant made their demand, and the landlord has not provided the form, or – the landlord provided the form less than 30 days ago but it was not signed by the tenant.
• A special rule allows less than 60 days’ notice in situations where the tenant would normally be required to give 60 days notice (for example, monthly tenancies). The tenant can give notice for the end of February no later than January 1st and can give notice for the end of March no later than February 1st.

N10

• Agreement to Increase the Rent Above the Guideline
• The law allows a landlord and tenant to agree to a rent increase that is more than the rent increase guideline if the landlord has done (or will do) capital work or has provided (or will provide) a new or additional service. The rent increase cannot be more than the rent increase guideline plus 3%
• If the tenant wants to cancel this agreement, the tenant can do so by giving written notice to the landlord within five calendar days after the agreement is signed. The agreement cannot come into effect until at least six calendar days after it is signed.
• A landlord can only agree to increase the rent if at least 12 months have passed since the last rent increase or since a new tenant moved into the unit.
• If the landlord and tenant sign this form, it takes the place of a Notice of Rent Increase. Therefore, the landlord does not have to give a notice to increase the rent.
• If the landlord does not do the work or provide the service that has been agreed to, the tenant may apply to the Landlord and Tenant Board and ask that all or part of the rent increase above the rent increase guideline be considered invalid. The tenant must apply no later than two years after the date the rent was increased pursuant to the agreement.

N11

• Agreement to End the Tenancy
• After the landlord and tenant sign this agreement, the landlord can apply to the Board for an order evicting the tenant. The earliest eviction date the Board can include in its order is the termination date set out above.
• The tenant must move out and remove all their personal possessions from the rental unit by the termination date set out above. If the tenant moves out by the termination date set out above, but leaves behind personal possessions, the tenant will no longer have any rights to those possessions and the landlord will be allowed to dispose of them.
• A landlord cannot require the tenant to sign an N11 Agreement to End the Tenancy as a condition of agreeing to rent a unit. A tenant does not have to move out based on this agreement if the landlord required the tenant to sign it when the tenant agreed to rent the unit.
• Exceptions: A landlord can require a tenant to sign an N11 Agreement to End the Tenancy as a condition of agreeing to rent a rental unit in the following two situations:
• The tenant is a student living in accommodation provided by a post-secondary institution or by a landlord who has an agreement with the post-secondary school to provide the accommodation.
• The tenant is occupying a rental unit in a care home for the purposes of receiving rehabilitative or therapeutic services, and the tenant agreed to occupy the rental unit for not more than 4 years
• The tenancy agreement set out that the tenant can be evicted when the objectives of providing the care services have been met or will not be met, and the rental unit is provided to the tenant under an agreement between the landlord and a service manager under the Housing Services Act, 2011.

N12

• Notice to End Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit
• The termination date the landlord sets out in this notice must be at least 60 days after the landlord gives this notice. Also, the termination date must be the last day of the rental period. For example, if tenant pays rent on the first of each month, the termination date must be the last day of a month. Finally, if the tenancy is for a fixed term the termination date cannot be earlier than the last day of the fixed term. For example, if tenant signed a one-year lease, the termination date cannot be earlier than the last day of the one-year period set out in the lease
• The landlord must:
  • Pay tenant an amount equal to one month’s rent by the termination date in this notice, or
  • Offer tenant another rental unit that is acceptable to him/her
• Tenant can terminate the tenancy sooner than the date set out in this notice as long as you give the landlord at least 10 days’ notice that he/she intend to move out of the rental unit. Tenant must use the Landlord and Tenant Board’s Form N9 to give his/her written notice to the landlord.

N13

• Notice to End Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use
• The termination date the landlord sets out in this notice must be at least 120 days after the landlord gives the notice.
• Exception: If tenant lives in a mobile home park or land lease community and tenant owns the mobile home or land lease home, the termination date must be at least 1 year after the landlord gave this notice. Also, the termination date must be the last day of the rental period. For example, if tenant pays rent on the first of each month, the termination date must be the last day of a month. Finally, if the tenancy is for a fixed term the termination date cannot be earlier than the last day of the fixed term. For example, if tenant signed a one-year lease, the termination date cannot be earlier than the last day of the one-year period set out in the lease
• The landlord may have to pay tenant compensation for moving out because of this notice. If the landlord is giving this notice for Reason 1 or Reason 3: If tenant lives in a residential complex that has at least 5 residential units, the landlord must: pay tenant an amount equal to 3 months’ rent, or offer tenant another rental unit that is acceptable to tenant. If tenant lives in a residential complex that has fewer than 5 residential units, the landlord must: pay tenant an amount equal to 1 months’ rent, or offer tenant another rental unit that is acceptable to tenant.

If the landlord is giving this notice for Reason 2:
If tenant lives in a residential complex that has at least 5 residential units and tenant does not plan to move back in once the repairs or renovations are done, the landlord must

• pay tenant an amount equal to 3 months’ rent, or
• offer tenant another rental unit that is acceptable to tenant. If tenant lives in a residential complex that has fewer than 5 residential units and he/she does not plan to move back in once the repairs or renovations are done, the landlord must
• pay tenant an amount equal to 1 months’ rent or offer tenant another rental unit that is acceptable to tenant. If tenant lives in a residential complex that has at least 5 residential units and you plan to move back in once the repairs or renovations are done, the landlord must pay tenant an amount equal to 3 months’ rent, or
• the rent for the period of time the rental unit is being repaired or renovated, whichever is less. If tenant lives in a residential complex that has fewer than 5 residential units and tenant plans to move back in once the repairs or renovations are done, the landlord must pay tenant:
• an amount equal to 1 months’ rent, or
• for the period of time the rental unit is being repaired or renovated, whichever is less.
  Exception for mobile homes and land lease communities
• If tenant lives in a mobile home park or land lease community, tenant owns the mobile home or land lease home, and the landlord is giving tenant this notice for either Reason 1, Reason 2 or Reason 3, the landlord must pay tenant: an amount equal to one years’ rent, or $3,000, whichever is less. Where compensation must be paid, it must be paid by the termination date in this notice. The landlord is not required to pay you compensation: landlord is not required to pay tenant compensation for moving out because of this notice if landlord is giving this notice because they were ordered to demolish or repair the rental unit under any Act or law.

N14

• Landlord’s Notice to the Spouse of the Tenant who Vacated the Rental Unit
• The N14 notice is a Board approved form that landlords can give to the spouse of a tenant, if the tenant moved out of a rental unit without giving notice.
  The N14 notice informs the spouse of what they must do if they want to stay in the rental unit and become the tenant.
  Exception: If the rental unit is located in a building that contains three or fewer units and the landlord resides in the building, the spouse does not have the option to become the tenant, unless the spouse and the landlord agree. In this case, the landlord does not use the N14 notice.
• Unless the exception set out above applies to Landlord tenant(s), landlord can use the N14 notice in the following situation:
• the tenant moved out of the unit without giving landlord a notice of termination, without getting a notice of termination from landlord, and without agreeing with landlord to move out,
• the spouse of the tenant is still residing in the rental unit, and
• the tenant owes landlord rent. If the above conditions are met, landlord can serve the N14 notice to the spouse, and the spouse can either choose to become the tenant of the rental unit, or choose to move out. landlord must give the spouse the N14 notice within 45 days from the day he/she believes the tenant moved out of the rental unit. landlord does not have to give the spouse the N14 notice if:
• it has been more than 45 days since the day you believe the tenant moved out, or
• the tenant that moved out was not in arrears of rent. In these situations, landlord may apply to the Landlord and Tenant Board to evict an unauthorized occupant (form A2). A hearing will be held before an order is issued

N15

• Tenant’s Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse
• A tenant can give this notice if the tenant or a child living with them is a victim of sexual or domestic violence and abuse and the tenant believes they or the child may be harmed if they stay in the unit. If the tenant is in a joint tenancy with other tenants, some or all of the other tenants can choose to sign this notice and end their interest in the tenancy as well. If this notice is not signed by all the tenants, the tenancy will continue for those tenants who did not sign the notice
• The termination date in this notice must be at least 28 days after the tenant gives their landlord this notice. The termination date does not have to be the last day of a rental period or of a fixed term lease
• There are some exceptions. The landlord may have to share this information with their employees such as a superintendent or property manager and they must also keep it confidential. Or, the landlord may be required by law to share information with other people who are investigating the situation.

• Application to evict a tenant for non-payment of rent and to collect rent the tenant owes

• This form is used to apply for an order to end a tenancy and evict a tenant after landlord gives the tenant an N4 Notice to End Your Tenancy for Non-payment of Rent.

L2

• Application to End a Tenancy and Evict a Tenant or Collect Money This form is used to:

• End a tenancy and evict a tenant after landlord gives the tenant one of the following Notices to End Tenancy: N5, N6, N7, N8, N12 or N13,
• End a tenancy and evict a tenant because the tenant abandoned the rental unit, or because the tenant is a superintendent whose employment ended,
• Collect money landlord believes the tenant owes for:
• remaining in the rental unit after the termination date,
• NSF cheques the tenant gave you,
• Damaging the rental unit,
• Unpaid utility bills,
• Costs that landlord incurred because the tenant or someone else visiting or living in the rental unit substantially interfered with landlord reasonable enjoyment or lawful right, privilege, or interest,
• Misrepresenting income in social housing.

L3

• Application to End a Tenancy and Evict a Tenant because Tenant Gave Notice or Agreed to End the Tenancy

• This form is used to apply for an order to end a tenancy and evict a tenant if the tenant gave landlord a notice to end tenancy or landlord and tenant agreed to terminate the tenancy.

L4

• Landlord’s Application to End a Tenancy and Evict a Tenant failed to Meet Conditions of a Settlement or Order

Landlord can apply to end the tenancy and evict the tenant using Form L4 if:

• The tenant has not met the conditions in an order or mediated settlement, and
• The order or mediated settlement allows landlord to file this application.

File all pages of the application with the LTB no later than 30 days after the tenant failed to meet a condition of the mediated settlement or order.
Must also file the following documents with your application:

• A copy of the mediated settlement or order,
• A signed declaration or sworn affidavit that sets out which conditions the tenant did not meet and in what way the tenant did not meet these conditions.

L5

• Application for a Rent Increase Above the Guideline

This form can be used to apply to have the Landlord and Tenant Board (LTB) issue an order allowing a rent increase of more than the guideline for any or all of the rental units in the residential complex.

L6

• Application for Review of a Work Order about Provincial Maintenance Standards

This form is used to apply to have the Landlord and Tenant Board (LTB) review a municipal work order if the work order is about enforcing the province’s maintenance standards.

• Note: This form can not be used to request a review of any other type of work order (for example, a municipal work order which is enforcing the municipality’s property standards by-laws).

Copy of the application along with the notice of hearing shall be given to municipality.

L7

• Application to Transfer a Care Home Tenant

This form is used to apply to the Landlord and Tenant Board to transfer a tenant from a care home because the tenant requires:

• Less care than the care home provides, or
• More care than the care home provides.

L8

• Landlord’s Application Because the Tenant Changed the Locks

This form is used to apply to the Board because tenant changed the locks to the rental unit and/or the residential complex without landlord’s permission and landlord wants the tenant to:

• Give him/her a key to the new locking system, or
• Pay costs to change the locking system.

L9

• Application to Collect Money a Former Tenant Owes

This application is used when tenant has already moved out of the rental unit and landlord wants to apply for an order to:

• Collect rent arrears and/or compensation that landlord believes the former tenant owes,
• Collect an amount for charges related to NSF cheques the former tenant gave landlord,
• Collect costs landlord believe the former tenant owes for unpaid utility bills,
• Collect money landlord believes the former tenant owes for damaging the rental unit,
• Collect costs that landlord incurred because the former tenant or someone else visiting or living in the rental unit substantially interfered with landlord’s reasonable enjoyment or lawful right, privilege, or interest. Application must be filed no later than one year after the former tenant moved out of the rental unit.

• Tenant Application for a Rebate

• This form is used to apply to the Board to determine whether landlord collected money from tenant that they should not have collected or failed to pay tenant money they owe.

T2

• Application about Tenant Rights

This form is used to apply to the Board to determine whether landlord, the landlord’s agent or the superintendent

• Entered rental unit illegally
• Changed the locks to the rental unit or building without giving tenant replacement keys, substantially interfered with tenant reasonable enjoyment of the rental unit or complex or with the reasonable enjoyment of a member of tenant’s household.
• Harassed, coerced, obstructed, threatened or interfered with tenant, withheld or interfered with vital services, care services or meals.

This form can also be used to have the Board determine whether landlord:
Did not give tenant 72 hours to remove property from the rental unit or from somewhere close to it after the Sheriff evicted tenant,
Did not give tenant a written tenancy agreement for the care home unit or gave an agreement that did not include information about the care services and meals and/or the charges tenant agreed to.

T3

• Tenant Application for a Rent Reduction

This form is used to apply to have the Board determine whether tenant’s rent should be reduced because:

• Landlord has reduced a service or facility that was previously provided to the unit or to the residential complex, or has stopped providing it (it was discontinued),
• The municipal taxes and charges for the residential complex tenant lives in have decreased.

T4

• Tenant Application – Landlord did not Comply with an Agreement to Increase the Rent Above the Guideline

• This form is used to apply to the Board if tenant and landlord signed an N10 Agreement to Increase the Rent Above the Guideline Form and tenant wants the portion of the rent increase that was above the guideline returned to you because landlord broke all or part of the agreement. The agreement required the landlord to:
  • Do major repairs or renovations to the rental unit,
  • Buy new equipment for the rental unit, or
  • Add a new service to your tenancy. You must apply within two years of the date the rent increase took effect.

T5

• Landlord gave a Notice of Termination in Bad Faith

• This form is used to apply to the LTB if a former tenant who moved out of a rental unit because the landlord gave you either of the following notices to end tenancy, and tenant believes the landlord gave the notice in bad faith:
• N12 Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit,
• N13 Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use

T6

• Tenant Application about Maintenance

This form is used to apply to have the Board determine whether landlord:

• Has not repaired or maintained the rental unit or the residential complex, or
• Has not complied with health, safety, housing or maintenance standards.

T7

• Tenant Application about Suite Meters

• This form is used to apply to have the Board determine whether landlord:
• Did not follow the rules under the Residential Tenancies Act, 2006 (the RTA) before they terminated their obligation to provide electricity to the rental unit and required tenant to start paying his/her own electricity costs.
• Did not follow all the required rules under the RTA before requiring tenant to pay a portion of the utility costs for the rental unit.