L2 Form: A Comprehensive Guide to Ontario Form L2

A Comprehensive Guide to Ontario Landlord Form L2

Form L2, officially known as the “Application to End a Tenancy and Evict a Tenant”, is a critical document used by landlords in Ontario under the Residential Tenancies Act, 2006 (RTA). This form is submitted to the Landlord and Tenant Board (LTB) when a landlord seeks to evict a tenant for various legal reasons. This guide will explain when, why, and how Form L2 is used, providing insight into the landlord’s responsibilities and the legal process involved in tenant eviction.

What is Ontario Landlord Form L2?

Form L2 is a formal application a landlord must submit to the LTB when they wish to terminate a tenancy and evict a tenant. However, Form L2 is not the first step in the eviction process. Landlords must first issue a Notice of Termination to the tenant, outlining the reasons for the termination and allowing a chance to correct the issue (if applicable). If the tenant fails to address the concerns stated in the notice, the landlord may then apply for an eviction using Form L2.

The application is subject to review by the LTB, and a hearing will be scheduled where both parties (the landlord and tenant) can present their case. The board will decide if the

Reasons for Filing Form L2

Landlords can file Form L2 for a variety of reasons, which must be supported by a valid Notice of Termination that was served to the tenant. Some common reasons include:

Non-Payment of Rent (N4 Notice)

This is one of the most common reasons for eviction. If a tenant has failed to pay rent, the landlord must first issue an N4 Notice (“Notice to End your Tenancy for Non-payment of Rent”). The tenant is given 14 days (7 days for daily or weekly tenancies) to pay the outstanding rent. If the tenant does not pay within this period, the landlord may apply for eviction using Form L2.

Persistent Late Payment of Rent (N8 Notice)

A landlord may seek eviction if the tenant consistently pays rent late. An N8 Notice must first be served, detailing the pattern of late payments. After the notice period expires, the landlord can file Form L2.

Interference with Other Tenants or Illegal Activity (N5 or N6 Notice)

Tenants engaging in conduct that interferes with other tenants’ reasonable enjoyment of the premises, or who are involved in illegal activity, can be evicted. Depending on the nature of the complaint, either an N5 Notice (“Notice to End your Tenancy for Interfering with Others or Damaging the Property”) or N6 Notice (“Notice to End your Tenancy for Illegal Acts or Misrepresentation of Income”) must be served.

The Landlord Requires the Unit (N12 Notice)

A landlord may also terminate a tenancy if they, a family member, or a purchaser requires the unit for personal use. In such cases, an N12 Notice (“Notice to End your Tenancy because the Landlord, a Purchaser or a Family Member Requires the Rental Unit”) must be given.

Demolition, Conversion, or Repairs (N13 Notice)

If the landlord intends to demolish the rental unit, convert it for non-residential use, or undertake major repairs requiring vacancy, an N13 Notice (“Notice to End your Tenancy for Demolition, Conversion, or Repairs”) is required.

Steps to Filing Form L2

Filing Form L2 follows a specific process that landlords must adhere to. Below are the detailed steps:

Issue the Appropriate Notice of Termination

Before a landlord can file Form L2, they must first serve the tenant with the correct Notice of Termination (e.g., N4, N5, N12). This notice must clearly state the reason for termination, the date the tenancy is expected to end, and give the tenant time to resolve the issue (if applicable).

Wait for the Notice Period to Expire

Each type of notice comes with a waiting period. The landlord must wait until this period has expired before they can file Form L2. For example, for non-payment of rent (N4 Notice), the landlord must wait 14 days (7 for daily/weekly tenancies).

Filing Form L2 with the Landlord and Tenant Board

Once the notice period expires and the tenant has not resolved the issue (e.g., by paying the rent), the landlord can submit Form L2. The form can be filed:

• Online through the LTB’s e-filing system.
• In person at a local LTB office.
• By mail to the LTB.

Along with the form, the landlord must pay a filing fee (approximately $201 as of 2024, but fees are subject to change). Landlords who qualify can also apply for a fee waiver.

Receiving a Hearing Date

After the L2 form is submitted, the LTB will provide a Notice of Hearing, which includes the date and location of the hearing. Both the landlord and tenant are expected to attend. The hearing typically occurs within a few weeks of filing.

Prepare for the Hearing

Both parties should gather any relevant documents, such as:

• The original Notice of Termination.
• Receipts showing unpaid rent (if applicable).
• Correspondence between the landlord and tenant.
• Photos, videos, or reports related to complaints, damage, or interference.

The LTB Hearing

At the hearing, both the landlord and the tenant will have an opportunity to present their case. The landlord must prove that they have followed the proper process and that the eviction is justified. The tenant can raise a defense, such as disputing the landlord’s claims or showing that they have rectified the issue (e.g., by paying the outstanding rent).

The Decision

After the hearing, the LTB will issue a decision. If the landlord wins the case, the LTB will issue an Eviction Order, allowing the landlord to evict the tenant. If the tenant wins, the tenancy continues, and the landlord’s application is dismissed.

Important Considerations

Avoiding Self-Help Eviction

Landlords are prohibited from evicting tenants without going through the proper legal process. Changing locks or forcibly removing a tenant without an LTB order is illegal and could result in significant penalties.

Filing Fees and Cost Recovery

While there is a filing fee associated with Form L2, landlords may be able to recover this fee from the tenant if the LTB rules in their favor.

Mediation as an Option

Before the hearing, the LTB may offer mediation services. Mediation allows both parties to negotiate a settlement without the need for a formal hearing. If successful, mediation can result in a Consent Order that both parties agree to.

Enforcement of Eviction Orders

If the LTB issues an Eviction Order and the tenant refuses to leave, the landlord can hire a Sheriff to enforce the eviction. Only the Sheriff has the legal authority to remove the tenant from the rental unit.

Common Mistakes to Avoid

1. Incorrect Notice of Termination: Serving the wrong type of notice can lead to delays or dismissal of the L2 application. Ensure the notice is appropriate for the situation.
2. Filing L2 Too Early: If a landlord files Form L2 before the notice period expires, the application will be rejected.
3. Inadequate Documentation: At the hearing, the landlord must provide solid evidence. Ensure all notices, payment records, and communications with the tenant are properly documented.
4. Not Attending the Hearing: If the landlord fails to attend the LTB hearing, the application may be dismissed, and the eviction request denied.

Form L2

Form L2 is a powerful tool for Ontario landlords, but it must be used with care and precision. The process requires a valid Notice of Termination, adherence to strict timelines, and a fair hearing at the LTB. Understanding the rules and following them closely is key to successfully navigating tenant evictions in Ontario.

By following this guide, landlords can ensure they are taking the correct steps when dealing with difficult tenancy situations, minimizing legal risks, and maximizing the likelihood of a favorable outcome.