Under Ontario’s Residential Tenancies Act, 2006 (RTA), ending a tenancy for reasons other than non-payment of rent requires procedural accuracy. Whether seeking an eviction for property damage, substantial interference, personal use, or collecting outstanding debts, landlords must comply with rules set by the Landlord and Tenant Board (LTB).

Legislative Framework: L2 vs. L9 Applications

Application Primary Purpose Required Prerequisite Notice Key Statutory Conditions
Form L2 Application to End a Tenancy, Evict a Tenant, and Collect Compensation Form N5, N6, N7, N8, N12, or N13 Tenant must be living in the rental unit when the application is filed (except for unit abandonment or superintendent tenancy endings). Application must be filed within 30 days of the notice termination date.
Form L9 Application to Collect Money the Tenant Owes None mandatory, but written demand is recommended Used only to collect rent arrears or money owed while the tenant remains in possession, without seeking eviction.

Common Grounds for Filing Form L2

Form L2 covers fault and non-fault terminations beyond routine non-payment of rent:

  • Substantial Interference (Form N5/N7): Tenant, guest, or occupant substantially interferes with reasonable enjoyment or lawful rights of the landlord or other tenants.
  • Property Damage (Form N5/N7): Wilful or negligent damage to the rental unit or residential complex.
  • Illegal Acts (Form N6): Committing illegal acts or carrying on an illegal trade/business on the premises.
  • Persistent Late Payment of Rent (Form N8): Chronically paying rent late over an extended period.
  • Landlord’s Own Use (Form N12): Good-faith requirement for personal occupation by the landlord, purchaser, or immediate family.
  • Demolition, Conversion, or Major Repairs (Form N13): Requiring vacant possession for structural alterations or repairs.

Step-by-Step L2 Filing Process

  1. Serve the Appropriate Notice to End Tenancy: Prerequisite Requirement. Identify the specific legal ground and serve the appropriate Notice (e.g., N5, N7, N8, N12, N13).
    • Ensure notice periods comply with RTA standards (e.g., 20 days for N5 first notice, 60 days for N12).
    • Respect statutory voiding periods (e.g., Form N5 gives the tenant 7 days to remedy the issue).
  2. Prepare Application Package & Evidence: 30-Day Deadline Rule. Assemble the complete LTB submission bundle:
    • Complete Form L2, specifying grounds and compensation requested.
    • Attach a copy of the served Notice to End Tenancy and completed Certificate of Service.
    • Attach mandatory supporting documents (e.g., N12 compensation proof and signed sworn affidavit; incident logs or repair quotes for N5/N7).
  3. Submit via Tribunals Ontario Portal: Filing Fee Applies. Submit the application package to the LTB:
    • Online Portal: Tribunals Ontario Portal ($186 filing fee).
    • Paper/Mail: Mail or courier ($201 filing fee).
    • Note: You must file Form L2 no later than 30 days after the termination date set out in the notice.
  4. Exchange Evidence & Attend LTB Hearing: Mandatory Service.
    • Upload evidence to the portal following LTB disclosure rules prior to the hearing.
    • Present your case before an LTB adjudicator to secure an Eviction Order and Monetary Order.
  5. Enforce Eviction Order & Monetary Judgment: Legal Execution.
    • Physical Eviction: Deliver the LTB Eviction Order to the Court Enforcement Office (Sheriff) for execution.
    • Debt Collection: File the order with the Small Claims Court for enforcement via wage garnishment, bank account seizure, or property liens.

Financial Claims & Post-Eviction Debt Collection

An L2 Application allows landlords to claim monetary compensation alongside an eviction order:

  1. Daily Compensation: Compensation for each day the tenant overstays past the notice termination date.
  2. Out-of-Pocket Expenses: Direct costs incurred due to substantial interference or damages.
  3. Unpaid Utilities & NSF Charges: Utility arrears owed under the lease agreement and allowable bank NSF charges.

Debt Recovery Mechanisms

If an LTB Order is granted but unpaid by the tenant, enforcement transitions to the civil court system:

  • Small Claims Court Enforcement: Registering the LTB Order as a court judgment.
  • Wage Garnishment: Intercepting up to 20% of net employment income directly through the employer.
  • Bank Account Garnishment: Attaching and withdrawing funds directly from financial institution accounts.

Frequently Asked Questions (FAQ)

If Form L2 is not filed within 30 days after the termination date specified in the notice, the notice becomes legally void. The landlord must re-issue a new notice with a new termination date before filing.

Form L2 is used to evict a tenant and collect associated damages/compensation. Form L9 is used strictly to collect money (rent arrears or utility debts) when the landlord wishes to maintain the tenancy rather than terminate it.

No. Landlords are strictly prohibited from changing locks or removing tenant belongings without law enforcement. Physical evictions in Ontario are executed exclusively by the Court Enforcement Office (Sheriff).