Getting Started: Landlord Tenant Issues

Question: What should I know before filing an application with the Landlord Tenant Board?

Answer: Understanding the complexities of the Landlord Tenant Board process is crucial for both landlords and tenants, as it helps ensure you meet critical deadlines and avoid costly mistakes.  With the assistance of Cross Legal Services, you can confidently navigate the application process by selecting the appropriate application form and preparing your case effectively, leading to a more favourable outcome.

A Helpful Guide For What to Expect With the Landlord Tenant Board Process and How to Plan the Right Steps to Make Your Best Case

The process before the Landlord and Tenant Board (LTB) can be confusing and overwhelming for both landlords and tenants, especially for those unfamiliar with the rules, procedures, and expectations of the Board.  Understanding the process in advance helps you take the right steps, meet critical deadlines, and avoid costly mistakes that could lead to your application being dismissed or delayed.  This helpful guide, provided by Cross Legal Services, explains what to expect throughout the Landlord and Tenant Board process and how to plan strategically to make the strongest possible case.  Whether you are a landlord seeking to enforce your rights or a tenant defending against an application, Cross Legal Services can help you prepare, file, and present your matter effectively in pursuit of your ideal outcome.

When Selecting Your Application Form

The Landlord Tenant Board offers many different Application documents for landlords and tenants to use depending on the nature of the legal dispute being submitted for the Landlord Tenant Board to consider and resolve.  The Landlord Tenant Board is very strict with requirements that the proper Application document be used and that the Application document be completed properly and thoroughly.  If the Application document selected is improper for the legal issue in dispute, or if the Application document is improperly completed, the Landlord Tenant Board may dismiss, meaning throw out, the case before your concerns are even reviewed and considered.  To help ensure that the proper Application document is selected and properly completed, among other things, get help from from a professional and experienced lawyer or paralegal such as Cross Legal Services.  After discussing your legal issue in detail with a lawyer or paralegal, the lawyer or paralegal will help you:

• To choose the proper Application document required by the Landlord Tenant Board;
• To properly draft and thoroughly prepare your Application document; and
• To prepare a persuasive case with legal argument backed with law.

Application, Filing the Form

Fees

In most cases, you must pay a fee to file an application.  The fee for an application varies by application type.  For most eviction applications a  one hundred ninety ($190.00) dollar fee will be charged to the landlord by the Landlord Tenant Board.  For most applications applicable to tenant issues a fifty ($50.00) fee will be charged to the tenant by the Landlord Tenant Board.  For landlords, applications via the Form L1 or Form L2 may be filed online for a fifteen ($15.00) dollar discount and for tenants, applications via the Form T2 or Form T6 may be filed online for a five ($5.00) dollar discount.

Serving the Application, Rules of Service

When serving your landlord or tenant you must do so in a manner which is prescribed by the rules of the Board and must constitute proper notice.  Each application may require different notice.  Be sure to ask us how to properly serve your landlord or tenant(s) to avoid problems.

Certificate of Service

You must file a Certificate of Service with the Board after you have served the other parties.  The person who gave the documents to the other parties is the person who must sign the Certificate of Service form which we will provide.  The Hearing On the date of the Hearing we will attend the Board with you.  Usually, there is a Board facilitated Mediator on site to help the parties come to an out of Board settlement.  If an out of Board settlement cannot be reached then the Board will proceed with a Hearing before an adjudicator as intended.

Getting Your Order

The person in charge of the hearing is called the Adjudicator or Member of the Board. The Member will listen to what each person has to say and then make a decision about the application.  The Member reserves the right to issue their decision at a later date.  If the Member finds the applicant’s application to have merit they will make an order accordingly.  Enforcing the Order Settlements If an out of Board settlement is achieved, the parties sign a memorandum which states that should the Respondent fail to meet the terms set out in the settlement the claimant can return to the Board and initiate enforcement proceedings.

Getting Your Money

After an Order is issued by the Landlord Tenant Board, you may need to be enforced by a sheriff or filed with the Small Claims Court in your local jurisdiction.  For more information on enforcing an Order call us at (877) 610-2030 to speak with a Licensed Paralegal.  Request for Reconsideration or Internal Review If upon receiving a decision, a party reasonably believes that the Board has “erred” in rendering its decisions, the party may file a Request for Reconsideration and/or a  Request for Internal Review.  Unfortunately, as licensed paralegals we are unable to represent client’s seeking judicial review and/or wishing to appeal an unfavorable decision to the Divisional Court.  We can however refer you to a qualified lawyer at no additional charge to you.

If an Eviction Order is successfully obtain you must also pay the sheriff’s office to enforce the order and you may also require the services of a locksmith.  For some applications, the law requires that certain documents be filed along with the application.  We have a better understanding of the Board’s filing procedures and we can save you time and frustration by: submitting the proper filing fee; and filing your application(s) and supporting documentation with the Board on your behalf.