L1: An Application to Evict for Unpaid Rent
When rent goes unpaid, a landlord usually gives the tenant an N4 notice. If the tenant does not pay what is owed by the termination date in the notice, the landlord can file an L1 application with the Landlord and Tenant Board (LTB) to evict the tenant and collect the rent.
- An L1 follows an N4 notice. The notice must give the tenant at least the minimum time to pay, which is longer for monthly tenancies than for weekly ones.
- Paying what is owed, including the application fee, before the order is made can often end the application.
- A tenant can raise problems such as repairs, an illegal rent increase or payments already made, but should give notice and bring evidence.
- Even when rent is owed, the Board can give the tenant more time or a payment plan, based on the circumstances.
From N4 to L1
- The landlord gives an N4 stating the rent owing and a termination date.
- The tenant can cancel the notice by paying the full amount owing by that date.
- If not, the landlord can file the L1 and ask for an eviction order and an order for the rent owing.
- The LTB schedules a hearing and the landlord serves the tenant with the application and notice of hearing.
What the landlord must show
- A valid N4 that was properly served and gave the right amount of time.
- The amount of rent owing, with a ledger or bank records.
- That the tenant did not pay by the date in the notice.
- That the landlord is entitled to the claim, including any rent deposit or last month's rent already held.
What a tenant can do
- Pay the arrears and the filing fee. In many cases paying the full amount before the order is issued stops the eviction.
- Ask the Board for a payment plan or more time, explaining what has changed and showing you can keep up with rent.
- Raise defences: you paid; the rent increase was not allowed; the landlord has not kept the unit in repair; the notice was defective.
- Ask for relief from eviction, which the Board can grant if it would be unfair to evict in all the circumstances.
Common problems
- A rent amount that does not match the lease or ignores a lawful guideline increase.
- Notices served in a way the tenant did not get, or left out of time.
- Tenants who miss the hearing, since an order can then be made on the landlord's evidence alone.
- Cash payments with no receipts. Always get a written receipt, or pay by a method that leaves a record.
After the order
If an eviction order is made, it sets a date and the amount to be paid. The landlord cannot remove the tenant personally. Enforcement goes through the Court Enforcement Office. A tenant who has a good reason to ask for more time or to challenge the order should act immediately, as review and appeal deadlines are short.
Common questions
Can a landlord file an L1 the day after rent is late?
No. The landlord has to give an N4 with the required time to pay first. The application cannot be filed until that notice period has run out.
Does paying late rent after the L1 is filed end it?
Often, if you pay the full amount owing including the filing fee before the order is issued, but check the current rules and keep proof of payment. If you are unsure, speak to a paralegal or the LTB right away.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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