The Reality

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• LTB delays are measured in months;

• A single procedural/fatal error could mean starting over;

• Many landlords lose due to procedural issues, despite being legally correct;

 

Most LTB losses therefore are procedural, not substantive.

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High-Level Step-By-Step at the LTB

 

Step 1

 

Identify the Correct LTB Notice or Application.  Not all arrears or tenant behaviours qualify for eviction. Using the wrong Notice or Application invalidates the process.

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***Common errors: choosing incorrect Notices and/or Applications, errors in drafting Notices and/or Application, incorrect service of Notices.

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Step 2

 

Draft and Serve the Correct Notice(s) on the tenant(s).
 

LTB Notices must be:

• Properly drafted;

• Properly served;

• Legally compliant;

 

***NOTE: LTB does not forgive fatal errors in Notices.  Pay close attention to:

• "cure periods" (wait times): You can only file the Application that are based on Notice(s) with cure periods, starting the day after the cure period expires;

• Did the tenant(s) cure the Notice (i.e. pay the arrears in full, stop the behaviours, etc.) during the cure period?  If so, you cannot file the Application(s) based on the cured Notice(s);

• Is this the first Notice served on the tenant(s) for the same behaciours?  If not, you may be able ot file without a cure period.  Read teh Notices and LTB Instructions closely.

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Step 3

 

File the correct Application(s) with the LTB.  They must match the Notice(s) exactly, with any additional relevant information since serving the Notice(s), included. Inconsistencies are a common dismissal ground.

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***NOTE: Be sure to file all supporting documents with the Application (ie. Declarations, original Notice(s), Certificates of Service, etc.)

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Step 4

 

Prepare for the Hearing.  All evidence you want to rely upon must be:

• Relevant;

• Organized in one, numbered, document;

• Legally sufficient;

• Answer any Defence(s) and/or RTA Section 82 Issues that may be raised by the tenant(s);

 

**This is where self-represented landlords most often fail at a Hearing.

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At this point, many landlords benefit from a professional review before proceeding further.

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***This guide provides general legal information only and cannot be considered legal advice.

Each case heavily depends on its individual fact pattern, and LTB Procedures.***​​