Landlord FAQ & Self-Help Tips

Yes. A former tenant has up to one year from the date they vacated to file a T5 application if they believe you served the N12 in bad faith.

What counts as bad faith?

• You (or your family member/buyer) never actually moved in
• The unit was re-rented shortly after the tenant left
• The stated reason was just a pretext to get the tenant out

If a T5 is filed against you:

• You’ll need to explain what happened
• If circumstances genuinely changed (e.g., buyer backed out), document everything
• Bad faith findings can result in compensation of up to 12 months’ rent

Tip: Keep records showing your genuine intent—signed agreements, moving plans, etc.

No—but it can affect timing.

There’s nothing in the Residential Tenancies Act that prevents evictions just because children reside in the unit. However, under Section 83, adjudicators consider “all circumstances” when deciding whether to grant or delay an eviction.

What this means practically:

• Children’s presence doesn’t block eviction
• An adjudicator might delay enforcement (e.g., until school year ends)
• This is discretionary, not automatic

Bottom line: Plan accordingly and document your case well.

6 months from the date it was issued.

Under Section 81 of the RTA, you must file your eviction order with the Court Enforcement Office (Sheriff) within 6 months. After that, the order expires and cannot be renewed.

If you miss the deadline:

• You’ll need to start the entire process over
• File a new application, get a new hearing, obtain a new order

Don’t wait. Once you have your order, file it with the Sheriff promptly.

Each issue requires its own application.

If you’re dealing with multiple problems:

Can you request the LTB merge them? Yes, but we don’t recommend it for personal use (N12) applications. Keep those separate—they’re evaluated differently.

Why separate applications?

• Different legal tests apply
• Different evidence required
• Mixing them can weaken your strongest case

Yes, using an L10 application.

The L10 lets you claim rent arrears from a former tenant who:

• Left owing rent
• Left without proper notice
• Abandoned the unit

Important requirements:

• You must serve the L10 and Notice of Hearing at least 30 days before the hearing
• You need to know (or reasonably determine) the tenant’s current address
• You must show you tried to minimize your losses (re-rent the unit promptly)

If you can’t find them:

• Request alternative service from the LTB (submit request 40+ days before hearing)
• Complete a Certificate of Service at least 20 days before hearing

Evidence should be relevant, organized, and readable.

Good evidence includes:

• Screenshots of text messages
• Emails (with dates visible)
• Photos (with timestamps)
• Invoices and receipts
• Documents and contracts
• Videos (if relevant)

Format requirements:

• Number all pages consecutively
• Include a table of contents if submitting multiple items
• Name files clearly (e.g., “kitchen-damage-photo-oct-3-2024.jpg”)
• Combine into one PDF if possible

Key deadlines:

• 7 days before hearing: Serve evidence to LTB and tenant
• 5 days before hearing: Submit L1/L9 Update Sheet (for rent arrears cases)
• 5 days before hearing: Reply evidence (if responding to something unexpected)

Pro tip: Verbal testimony matters too. For rent arrears, the update sheet plus your testimony is often sufficient.

Tenants can raise maintenance or other issues at a rent arrears hearing.

If your tenant files “Issues a Tenant Intends to Raise at a Rent Arrears Hearing,” they must list each issue they plan to bring up.

How to prepare:

1. Review each issue they’ve listed
2. Prepare your defence for each one
3. Gather evidence showing your response to maintenance requests
4. Document repair attempts, contractor visits, communication

Common Section 82 claims:

• Maintenance problems
• Services not provided
• Harassment allegations

Your defence should show:

• You responded to issues promptly
• You made reasonable efforts to fix problems
• Communication records with the tenant

No. Mediation discussions are confidential.

If you’ve had mediation with your tenant to try to settle issues, do not submit those conversations as evidence. The adjudicator cannot consider mediation discussions when making their determination.

What this means:

• Settlement offers made in mediation can’t be used
• “Admissions” during mediation don’t count
• Keep mediation and hearing evidence separate

At least 20°C (68°F) in all rooms.

Under the RTA, when landlords are responsible for heating, you must maintain minimum 20°C from September 1 to June 15 in every room except locker rooms and garages.

Important: Your municipality may have different requirements. Municipal heat bylaws take precedence if they’re stricter.

Check with your local municipality for specific temperature requirements and dates that may differ from the provincial standard.

Tenants are responsible for ordinary cleanliness of the rental unit under Section 33 of the RTA.

Steps to take:

1. Send a written reminder about cleanliness obligations
2. Attach a copy of Section 33 of the RTA
3. Suggest a cleaning schedule between tenants sharing spaces
4. If non-compliance continues, serve an N5 notice

For shared spaces: A mutually agreed cleaning schedule can help divide responsibilities. You can include cleaning service requirements in the tenancy agreement (especially if cleaners will enter at designated times).

No. When a tenant vacates based on a signed N11 (Agreement to Terminate), they do not have right of first refusal, even if you renovate the unit afterward.

Right of first refusal only applies to specific situations under N13 (renovations/repairs) notices—not mutual agreements to end tenancy.

Not just because you’re selling.

When a rental property is sold with a lease in place:

• The landlord cannot give notice to terminate just for the sale
• The new owner must honour the existing lease
• The tenant’s rights continue under the new ownership

If your tenants want to leave:

• Ask them to sign an N11 (mutual agreement)
• This is voluntary—they can choose to stay
• Get the form from tribunalsontario.ca/ltb/forms

The buyer wants vacant possession? The buyer (as new landlord) can serve an N12 for personal use after closing, but must follow all N12 requirements including compensation.

It depends on who moved in first.

Under Section 5(i) of the RTA:

• Landlord lived there first: You’re exempt from the RTA
• Tenant lived there first: The RTA applies, even if you share spaces

Why it matters:

• Exempt = You don’t need to follow LTB processes for eviction
• Not exempt = Full RTA protections apply to the tenant

Key point: The exemption only applies if you were living in the property before the tenant moved in.

Yes—if you have an LTB eviction order.

Under Section 41(1) of the RTA, if a tenant moves out following an LTB termination order, you may keep, sell, or dispose of any belongings left behind—in the unit or anywhere on the property (like a shed).

This applies when:

• You received an order from the LTB
• The tenant vacated as a result of that order
• Items were left in the unit or on the property

Note: Different rules may apply if the tenant left voluntarily without an order. Consult a legal professional if unsure.