Supporting Documents for L1 and L9 Applications and Hearings

Supporting Documents for L1 and L9 Applications and Hearings

Are you a Landlord preparing for an L1 or L9 hearing?  Find out exactly what documents you'll need to present a strong case and protect your rights.

Introduction

This guide breaks down the requirements, legal obligations, and documentation needed to issue an N4 Notice effectively and the documentation you will require to submit to the Landlord and Tenant Board (LTB) in order to be successful at the hearing.  Whether you're navigating the nuances of rent payments, crafting a landlord ledger, or preparing for a LTB hearing, this resource provides actionable insights to streamline the process.  Stay informed and protect your rights as a landlord with these expert recommendations.

The Basics

You can use an N4 Notice if the tenant has not paid the rent on the date it is due or has accrued an arrears of rent.

For you to issue a tenant an N4 notice, the tenant must still be living in the rental unit.

“Rent” includes the basic rent for the rental unit, plus any amount the tenant pays you separately for services (such as parking).  If the tenant is responsible for paying all or a portion of a utility bill (such as hydro) directly to the utility company or indirectly through the landlord, this is not considered rent.  However, if the tenant is required to pay a flat rate to the landlord each month for a utility, this may meet the definition of rent.

Voiding a Notice

The N4 is what is referred to as a ‘voidable notice’.  This simply means that the tenant can prevent the termination of the tenancy by stopping the behaviour referred to in the notice, or by doing what the notice requests.  In the case of an N4 Notice this means simply paying the arrears.  The Notice explains what the tenant needs to do to void the notice and gives a deadline for the tenant to comply.  If the tenant does what the notice asks them to do by the deadline, the notice to end the tenancy is void.

If the tenant fails to void an N4 Notice to end the tenancy, the landlord may file an L1 or L9 Application with the LTB.

Part 1: General Tenancy Information

Below is the general information surrounding the tenancy that you will require to fill out an N4 Notice and submit to the LTB for the subsequent application.  This documentation will also be submitted to the LTB prior to the hearing date either via email or uploading to the Portal.

1.     Name(s) of the Tenant(s): Full legal names of the tenant(s).  If there is more than one tenant living in the rental unit, provide the full names of all the tenants.

2.     Address of the Rental Unit: the complete postal address of the rental unit, including the unit number (or apartment or suite number) and the postal code.

3.     Date of Start of Tenancy.

4.     Copy of Lease Agreement: include any amendments or subsequent agreements if relevant.

5.     Last Month’s Rent:

a.     Amount received,

b.     Dated received and

c.     Interest, if any, that was paid to the tenant on the deposit.

6.     Last Rent Increase:

a.     The date of the last rent increase,

b.     The amount of the increase, and

c.     Was a notice served at the time?

Part 2: Rent Arrears

Landlord’s Ledger

The bare minimum the LTB will be looking for is a Landlord Ledger for the rental unit.  This ledger should set out:

1.    The rent charged during these periods in question,

2.     The rental periods during which the tenant did not pay the full rent,

3.     The amount of rent the tenant paid (if any) during each period,

4.      Any charges, and

5.      The total amount of rent the tenant owes you.

This ledger should be set out in a spreadsheet format and be an organized and accurate reflection of what transpired.  Errors in arrears owing in an L1 application will end with the dismissal of the application.  If you do not have a ledger prepared, please let us know and we can provide you with a template to fill out.

You will also have to provide documentation to support the ledger.  This will include:

1.     Bank statements: please redact personal account information and balances and show only the relevant entries.

2.     Copies of payment receipts: showing date, rental unit, and amount received.

3.     Cancellation of any payments or NSF fees.

Payment Plan

The LTB will be looking for the landlord to offer a repayment plan to the tenant(s) if seeking an eviction with an L1 Application.  If you have not offered a payment plan, a standard form is available on the LTB website for download, or we can provide you with the appropriate forms and agreements to present along with the N4 Notice.

Documentation for a payment plan includes:

1.     Signed copy of the agreement,

2.     Proof of any payments,

3.     Cancellation of any payments or NSF fees.

4.     Emails, texts, or social media posts that support the non-payment of the rent as per the agreement,

5.     Follow up correspondence with the tenant regarding the arrears and the offer of a repayment plan.

Part 3: What Happens Next

If the tenant pays the rent they owe by the termination date in the notice, the notice is void and you cannot apply to the LTB to evict the tenant.

If the tenant does not pay the rent they owe you or does not move out by the date you put in the notice, you can apply to the LTB for an order to evict the tenant and to collect the rent the tenant owes.  The earliest date you can file your application with the LTB is the day after the termination date that appears within the notice.

There are two applications that can be filed while the Tenant is still in possession of the rental unit:

1.  An L1 Application that seeks both repayment of the rental arrears and termination of the tenancy, and

2.  An L9 Application that seeks the repayment of the rental arrears only.  This may be used as an alternate to the L1 Application if errors or flaws exist within the L1 Application or N4 notice that preclude the Board granting an eviction.

L1/L9 Update

Before the hearing at the LTB, you will be required to complete an L1/L9 Update Form to update the arrears the tenant owes to include any additional amounts owed from the date of the application to the date of the hearing.  Do not issue a second N4 Notice as this will cause confusion as to the exact amount of the arrears owed and may lead to a dismissal of the Application.

This will require the Landlord’s ledger to be updated regularly up until the date of the hearing.

Certificate of Service

The Board will require a Certificate of Service to be filed for the service of the N4 Notice.  This is a document that provides the details of how you served the Notice to the Tenant.  There are a few options that you may use to serve the Notice with the key take away being document exactly how you served the Notice.  It is recommended that you serve the Notice via Xpress Post through Canada Post.  This will provide you with both a dated receipt for the service as well as proof of delivery.  Submit copies of both the receipt and the proof of delivery attached to your Certificate of Service.  Remember that service through mail will require five (5) days for it to be deemed served.

Do not serve the Notice through Registered Mail.  If the Tenant does not pick up the Notice at the Post Office, then the Notice will be deemed not served and your Application will be dismissed.

Email can only be used as a method of service if the option to serve legal documents has been filled out within the Standard Form Lease.  Both the Tenant(s) name and email address(es) must be present within the Form for this method to be deemed valid service.

Never serve the Notice via a text message or any similar applications.

Part 4: Submitting Documentation

Formats

All submissions to the LTB should be reduced to an 8 ½” x 11” portrait-oriented PDF for inclusion in a Document Brief that will be uploaded to the Tribunal’s Ontario Portal (TOP).  Often the brief will have to be printed and served physically.

The LTB will not access, review or admit into evidence materials which are accessed by links to social media sites or any other external websites.  If you want to rely on social media information or external website content as evidence, the information must be put in documentary form as PDF’s.

The following file formats should be submitted as PDF’s rather than native files to save difficulties during a hearing accessing the files: DOCX, GIF, JPEG, JPG, MSG, PNG, TIF, TXT, XLS, XLSX, CSV.

Document Brief

A Document Brief is an essential tool for an LTB hearing.  It organizes your evidence and key arguments in a clear, concise format, helping you present your case effectively.  A well-prepared brief ensures you don’t overlook critical points and allows the adjudicator to access and understand your position quickly, increasing your chances of a favorable outcome.

A common difficulty with landlords during a hearing is not being able to access the appropriate evidence during the hearing.  Uploading multiple documents individually without any reference creates an inaccessible jumble of documents.

To prepare a Document Brief, include a cover page with your name, file number, hearing date, a table of contents listing all documents with page numbers, and organize your evidence—such as notices, emails, photos, and receipts—in chronological order.

Number the pages for easy reference.

Contact us for a template to help you get started.

How to Put One Together

1. Cover Page: Include your name, file number, Names of the Parties and their roles, hearing date, and contact information.
2. Table of Contents: List all included documents with page numbers for easy navigation.
3. Evidence: Organize your supporting documents (e.g., notices, emails, photos, receipts) in chronological order using Tabs.  Number the pages for easy reference.

Serve the document brief to opposing parties seven (7) days before the hearing date and upload a copy to the LTB Portal.