How the Landlord Tenant Board works

The Landlord Tenant Board (LTB) was set up in 2007 to provide an independent tribunal for rental-property owner and customer disagreements. The LTB, like other tribunals in Ontario, is an impartial arbiter, with members appointed by the provincial government. The LTB is responsible for enforcing the Residential Tenancies Act, a law enacted by the Ontario Legislature that governs the relationship between landlords and tenants in residential rental accommodations. The LTB does not create any rules relevant to rental housing and is only responsible for enforcing laws set out by the Ontario Legislature.

The LTB Process:

Like in any relationship when there is a disagreement, sometimes you need a neutral party to help solve a dispute. From personal relationships to major corporate disagreements, a third party helps provide a neutral perspective and can help arbitrate disagreements without favouring one side. The LTB acts in this capacity when disputes between tenants and landlords arise. The LTB acts as a neutral arbiter and helps the two parties in a dispute come to a fair and legal solution using guidance and remedies from the Residential Tenancies Act and any other laws relating to residential housing rentals.

But when there is a dispute, it does not automatically go to the LTB to be decided. There is a long process before it gets to the LTB, and steps that must be taken after the LTB has made its ruling. These steps are:

  1. Notice

  2. Application

  3. Hearing

  4. Order

  5. Enforcement

Notice

If there is a dispute between a landlord and a tenant, one of them must file notice using one of the LTB’s notices of termination (landlords) or application forms (tenants), depending on who decides to bring forward a claim. These forms contain all the details of why the tenancy may be ending or details about the tenant complaint. The forms landlords must use  include information about what the tenant can do to prevent the eviction.. During this time, both parties are typically in contact with one another to try to resolve the issue before the next step takes place. This is the first step in the process.

Application

If the situation outlined in the notice is not remedied by the date stated in the LTB form (in the case of non-payment of rent, by 14 days after the landlord gives notice, the landlord can then file an application with the LTB to seek to remedy the situation.

Hearing

The hearing brings both the tenant and landlord together to discuss the matter before the LTB. Both parties will receive a notice of the hearing along with a copy of the application made to the LTB. It can take anywhere between a few weeks to a full year for a hearing to be scheduled from the time an application to the LTB is filed. During the hearing, both sides are allowed to state their claims and make their case, including presenting evidence. Following the hearing, the LTB adjudicator will  make a decision. Like many other legal proceedings across the province, COVID-19 has changed some of this process and has moved hearings to a virtual setting to protect the health and safety of participants. As well, landlords and tenants must attempt to seek a resolution to the issue (in the case of unpaid rent, in the form of a payment plan), before the LTB hears the case.

Order

Once a decision is made, whether it is an eviction, compensation or any other decision handed down by the LTB, it is put in the form of a written order. An eviction order for non-payment of rent really amounts to a final order to pay because the tenant can still prevent the eviction from taking place by paying the money owed up to the date of payment.  For up to 10 days or more, the tenant just needs to pay the money owed to stop the eviction. (A tenant can do that multiple times during a tenancy.)  After the landlord has filed the order with the Sheriff (as explained below), most tenants can stop the eviction by paying the money owed and filing an affidavit with the LTB saying that they have paid. (A tenant can only stop the process that late once during a tenancy.).

Enforcement

Once the order has been given and the LTB determines that eviction is warranted, the tenant has until a deadline stated in the order to vacate the apartment or home. If the tenant doesn’t move out, the landlord cannot personally enforce the order. This includes changing the locks or move the tenant’s belongings. This is illegal under the Residential Tenancies Act. The landlord has to call on Court Enforcement Officers, commonly known as Sheriffs, to enforce any eviction.

Facts about the LTB:

FACT: Landlords can’t evict a tenant whenever they want. Rental-property owners cannot evict a tenant whenever they want. Rental-property owners can only evict tenants under prescribed circumstances and must go through a legal process to do so. To evict a tenant, a rental-property owner must give a tenant written notice for the eviction, stating the reason for eviction on a specific form provided by the Landlord Tenant Board (LTB). Even after notice has been served, it is up to the rental property owner to apply to the LTB for a hearing, at which tenants are allowed to explain why they should not be evicted. COVID-19 has impacted when rental-property owners can evict a customer, as the government has imposed moratoriums at some points during the pandemic. The reason a tenant can be evicted could include nonpayment of rent, persistent late payment of rent, negligent or deliberate damage to the unit or complex, too many people living in the unit, impairing the safety or reasonable enjoyment of other tenants or the landlord, using the unit in a manner that is inconsistent with it being used as a residence or operating an illegal business from the unit. As well, a rental-property owner may evict a tenant for them or a close family member to move into the rental unit. As well, they can evict a tenant to carry out the demolition of the unit or to carry out extensive renovations. There are numerous limitations on the situations that allow a rental property owner to evict a tenant for any of those reasons, and often owners need to pay tenants compensation for having to move.

FACT: The LTB process has changed due to the COVID-19 pandemic, including via provisions to strengthen tenant protections.

Like most government and legal proceedings since COVID-19, the use of technology and virtual proceedings has had to become the “new normal” to keep everyone safe and healthy during this time. The LTB process has also taken on a “new normal” approach and has shifted online, similar to court proceedings and other public forums across the province. From city council sessions, small-claims courts, parole boards and even the House of Commons in Ottawa, shifting to online sessions has become a common practice.

The LTB and eviction process has changed in many other ways during the course of the pandemic to protect vulnerable tenants and ensure that other actions are taken before an eviction order is granted. This includes requiring landlords to attempt to negotiate a repayment plan in good faith before an eviction order is granted. This has empowered both tenants and rental-property owners to come to a solution without the need for a hearing at the LTB.

FACT: Rent strikes and activities can seriously impact the livelihoods of rental-property owners of all sizes.

Similar to most industries across the country, the field of rental-property ownership has both large and small providers. For all providers, but particularly for property owners with smaller portfolios, the earnings made from rental property ownership can be essential for their families. As well, for property owners of all sizes, operating costs have not stopped amidst the pandemic, with property tax, utilities and repair and capital costs remaining constant throughout the pandemic. Many rental property owners have had to go into debt or draw heavily upon their savings to cover the costs from a non-paying customer. If multiple customers do this at the same time, it can be detrimental to the continued operations of the property their business or their livelihood. This fact has become particularly acute with COVID-19 as rental-property owners adjust payment schedules and create payment plans for their current customers.

FACT: The LTB is an impartial body that has no connection to landlord groups, organizations or individual rental-property owners.

The Landlord Tenant Board is an independent body that was created by the provincial government to resolve disputes between landlords and tenants through mediation or adjudication, resolve eviction applications from co-ops, and provide information to landlords and tenants about their rights and responsibilities under the relevant laws (principally, the Residential Tenancies Act).[1] LTB members are appointed by the provincial government and are tasked with holding hearings between landlords and tenants and reviewing the evidence that is presented and the law that applies to the case and making a legally enforceable decision. Like other provincial tribunals, the LTB is an independent body and is tasked with interpreting the Residential Tenancies Act (RTA). It does not dictate housing policy, and is not tasked with revising the RTA. As well, it is impartial and is not affiliated with any landlord group, association or organization.

[1] https://tribunalsontario.ca/ltb/what-we-do/