L2: A Landlord's Application to End a Tenancy and Evict
When a landlord wants a tenant out for a reason other than unpaid rent, the landlord first gives a notice and then, if the tenant does not leave, applies to the Landlord and Tenant Board (LTB) using an L2 application. Giving a notice does not end a tenancy by itself. Only the Board can order an eviction.
- The L2 is the usual next step after notices such as the N5, N6, N7, N8, N12 and N13. Unpaid rent goes through a different application, the L1.
- A landlord cannot lock a tenant out or remove belongings. An eviction order is carried out by the Court Enforcement Office, not by the landlord.
- The tenant gets notice of the hearing and the chance to answer, bring evidence and ask the Board for relief from eviction.
- Dates, photos, messages and receipts decide most L2 hearings, so both sides should gather them early.
When a landlord files an L2
The L2 asks the Board to end the tenancy and evict the tenant. It follows a notice of termination that the tenant did not accept or act on. The notice used depends on the reason for ending the tenancy.
- N5: the tenant interfered with others' reasonable enjoyment, damaged the unit, or the unit is overcrowded.
- N6: the tenant committed an illegal act, or misrepresented income in a rent-geared-to-income unit.
- N7: the tenant caused serious problems, such as impairing someone's safety or damaging the property wilfully.
- N8: persistent late payment of rent, or the end of a fixed term in the limited cases where that is allowed.
- N12: the landlord, or a family member or caregiver, needs the unit to live in.
- N13: the building will be demolished, converted or renovated so extensively that the unit must be empty.
What the landlord has to prove
The Board does not simply accept the notice. The landlord must show that the notice was valid, that it was given to the tenant in a permitted way, and that the reason is true. The standard is the usual one in civil matters: more likely than not.
Some notices give the tenant a chance to fix the problem within a set time, for example by stopping the behaviour or repairing damage. If the tenant does so in time, the notice can be void and the application fails.
Before the hearing
- The LTB sets a hearing date and issues a notice of hearing.
- The landlord must give the tenant a copy of the application and the notice of hearing, and be ready to prove that was done.
- Both sides can send in documents and witness information ahead of the hearing, following the LTB's deadlines.
- Hearings are often held by video or phone, so check the instructions in the notice and test your connection.
At the hearing
The adjudicator hears from both sides, looks at the evidence and decides. Even when the landlord proves the reason, the Board can delay or refuse an eviction if it would be unfair in all the circumstances. This is called relief from eviction, and tenants should be ready to explain why it applies, for example by showing the problem has been fixed or what an eviction would mean for them.
After the order
If the Board orders an eviction it sets a date. A tenant who is still in the unit after that date is not removed by the landlord. The landlord files the order with the Court Enforcement Office, which arranges enforcement. A landlord who changes the locks or takes a tenant's belongings is breaking the law, and the tenant can apply to the Board for a remedy.
Practical tips
- Tenants: read the notice and the application closely, note every date, and attend the hearing even if you plan to move. An order made in your absence can include money you owe.
- Tenants: if there are repair or harassment problems, say so in writing and keep proof. You may be able to raise them in your response.
- Landlords: use the right notice, serve it correctly, and keep copies and proof of service. Most failed applications fail on the notice, not on the facts.
- Both sides: bring originals and clear copies of anything you rely on, and list the dates in order.
Common questions
Can my landlord evict me without a hearing?
In nearly every case the landlord needs an order from the LTB first. A tenant can also choose to end the tenancy by agreement, but should not sign anything without understanding what it says.
How long does an L2 take?
It varies a great deal with the Board's workload and the reason for the application. Contested hearings can take months from filing to an order.
Do I have to leave when I get a notice?
No. A notice is not an order. But ignoring a notice is risky, because the landlord can then apply and the Board can make an order if the landlord proves the case.
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.
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