Tenant App Defence
Defence against tenant application (+ disbursements)
What is included
- Confirming the right notice and application, and that the notice was served properly
- Preparing and filing the application with the required declarations
- Preparing a rent ledger and organizing your evidence
- Representing you at mediation or the hearing, where your service includes it
- Explaining enforcement through the Court Enforcement Office (Sheriff) after an order
What is not included
- Board application fees, Court Enforcement Office (Sheriff) fees and other disbursements
- Hearing attendance when the service is for a notice or documents only
- Appeals to the Divisional Court, which only a lawyer may handle
- Extra hearing days or new applications beyond the one described
Who this service is for
- Landlords with unpaid rent or damage to the unit
- Landlords who need the unit for their own use or for a purchaser
- Landlords answering a tenant's application
Information to have ready
- 1The lease and the notice you served, with proof of service
- 2A rent ledger showing every charge and payment
- 3Evidence such as photos, invoices, messages and witness names
- 4The tenant's contact details
- 5For own use, details of the person who will move in
Frequently asked questions
How much does it cost?
The fee is $1,000 plus 13% HST ($1,130.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Can I change the locks if the tenant stops paying?
No. A landlord needs an eviction order from the Board, and only the Court Enforcement Office (Sheriff) can enforce it. Changing the locks without one may lead to a tenant application and fines.
When can I file an application for unpaid rent?
Usually only after the termination date on a properly served N4 has passed and the tenant has not paid all the rent owed.
Can the tenant raise other issues at the hearing?
Often yes. At a non-payment hearing a tenant may raise maintenance and other issues under section 82 of the Act if the required advance notice is given, and this can affect the outcome.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the Board decides
- Notices and applications depend on accurate dates and information from you
- You must follow the Board's deadlines and orders
- Appeals of Board orders go to the Divisional Court, where only a lawyer may act, so for that step the firm only organizes the file and a summary and refers the appeal to an Ontario lawyer.
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