Under Section 78 of Ontario’s Residential Tenancies Act, 2006 (RTA), an L4 Application provides landlords with an expedited, ex parte pathway to end a tenancy and collect outstanding rent or damages when a tenant defaults on a legally binding Landlord and Tenant Board (LTB) order or mediated settlement.

Unlike standard LTB applications, Form L4 does not typically require a full hearing. Because the tenant previously agreed to terms or received a conditional order, a verified breach allows the LTB to issue an ex parte eviction order based on paper submissions.

Statutory Prerequisites for Filing Form L4

To successfully submit a Form L4 application, all four of the following legal conditions must be met:

  • Prior LTB Application: You must have previously filed an application to terminate the tenancy or evict the tenant (e.g., Form L1 for non-payment or Form L2 for cause).
  • Resolved via Settlement or Order: The prior application resulted in an LTB-mediated settlement agreement or a conditional order issued by an LTB Adjudicator.
  • Section 78 Permission Clause: The original settlement or order must explicitly contain a Section 78 clause permitting the landlord to apply for eviction without notice if the tenant breaches specified conditions.
  • Strict 30-Day Window: The L4 application must be filed no later than 30 calendar days after the date the tenant failed to meet the specified condition (e.g., 30 days from a missed repayment installment date).

Step-by-Step L4 Application Workflow

  1. Identify and Document the Condition Breach: Triggering Event. Verify that a specific condition of the LTB mediated settlement or order was breached.
    • Confirm the breach date to ensure filing occurs within the mandatory 30-day window.
    • Update your rent accounting ledger showing the missed installment or unpaid amount.
  2. Prepare Form L4 & Sworn Declaration: Mandatory Evidence Package. Assemble all required LTB filing documents:
    • Complete Form L4 with accurate party information and rental unit details.
    • Attach a full copy of the original LTB Order or Mediated Settlement Agreement.
    • Attach a signed LTB Declaration/Sworn Affidavit explicitly detailing which conditions were breached and how.
  3. Submit Package to the LTB: Application Fee & Portal Submission. File the application through official LTB channels:
    • Online Portal: Tribunals Ontario Portal ($186 filing fee).
    • Mail/Courier: LTB Regional Office ($201 filing fee).
    • Crucial Rule: Incomplete packages without the signed declaration or prior order copy will be refused by the LTB.
  4. Ex Parte Order Issuance: Fast-Track Processing. Because the application relies on documented breach of previous terms, the LTB reviews the written file and typically issues an Ex Parte Eviction Order without holding a new hearing.
  5. Tenant’s Motion to Set Aside Window: Tenant Response Rights. The tenant receives a copy of the ex parte order and has 10 days from the issuance date to file a Motion to Set Aside an Ex Parte Order if they dispute the claim of default.
    • Filing a motion temporarily stays (pauses) the eviction pending a formal hearing.
  6. Enforce Eviction via the Sheriff: Sheriff Enforcement. If the tenant fails to vacate and does not file a motion within the allowed timeframe, deliver the LTB order to the Court Enforcement Office (Sheriff) for physical eviction execution.

What Financial Claims Can Be Included?

Depending on the underlying application that generated the original order or settlement, landlords can recover additional costs on Form L4:

Original GroundsAllowable Financial Claims on Form L4
Prior Form L1 (Non-Payment of Rent)• Unpaid arrears ordered under the settlement • New rent that became due after the settlement/order • Bank NSF cheque administration charges (up to $20 per returned payment)
Prior Form L2 (Damages or Breach)• Unpaid compensation for property damages ordered in the settlement • Out-of-pocket costs or compensation specified in the original terms

Common Mistakes That Cause L4 Application Dismissal

  1. Missing the 30-Day Deadline: The 30-day clock begins on the exact date of the missed payment or breach, not when the landlord notices it. Late filings force landlords to start over with new notices.
  2. Missing Section 78 Provision: Filing Form L4 when the original mediated settlement or order did not contain explicit Section 78 permission language.
  3. Incomplete Submissions: Failing to attach both a copy of the prior order/settlement and the detailed, signed breach declaration.
  4. Claiming Unrelated Breaches: Attempting to use an L1-based repayment plan default to evict for a non-financial issue, or vice versa.

Frequently Asked Questions (FAQ)

No. Form L4 is designed to be processed ex parte (without a hearing) because the tenant already agreed to the conditions in a prior proceeding. However, if the tenant files a Motion to Set Aside, the LTB will schedule a hearing to determine if a breach actually occurred.

If more than 30 days pass from the date of default, you lose the ability to use the fast-track L4 process for that specific breach. You must instead issue a new Notice to End Tenancy (such as Form N4 for non-payment) and file a new L1 or L2 application.

No. In Ontario, landlords cannot perform self-help evictions. Even with an L4 ex parte order, physical eviction must be conducted exclusively by the Court Enforcement Office (Sheriff).