- Being served with an LTB application is not the same as being evicted — only the Landlord and Tenant Board can issue an eviction order, and only the Sheriff can enforce one.
- For rent arrears applications (L1), tenants can often void the application or a resulting order by paying the full arrears owed before specific deadlines under section 74 of the RTA.
- The LTB must consider whether to refuse or delay an eviction for arrears under section 83 of the RTA — this is mandatory in some circumstances.
- Attending the hearing is one of the single most important things a tenant can do — missing it can result in an eviction order being made without your side being heard.
- Tenants can raise their own issues at the hearing, including landlord obligations the landlord may have failed to meet.
- Even after losing, tenants may be able to request a payment plan, a delay, or a review of the decision in some circumstances.
The Short Answer
Being served with a Landlord and Tenant Board (LTB) application is the start of a legal process, not the end of your tenancy. You have real rights at every stage — to review the application, gather evidence, potentially resolve the issue before the hearing, and be heard by the Board before any order is made. This guide walks through exactly what to do, step by step.
Step 1: Understand What You've Been Served
LTB eviction applications come in different forms depending on the landlord's stated reason. The most common is an L1 application (non-payment of rent), but landlords also file applications based on notices like an N12 (personal use) or N13 (renovation/demolition) that were served earlier. Read the application carefully to understand exactly what is being alleged and what outcome the landlord is requesting.
Step 2: Confirm the Hearing Date
The application should come with a Notice of Hearing specifying the date, time, and format (in person, by video, or by phone) of your hearing. Mark this date immediately — missing your hearing is one of the most damaging mistakes a tenant can make in this process.
Step 3: Review the Application for Errors
Check the application against your own records: Are the amounts claimed accurate? Does the notice period match what is legally required? Is the termination date correct? Errors do not automatically defeat an application, but they are relevant facts to raise at the hearing.
Step 4: Consider Paying Arrears (For L1 Applications)
If the application is for non-payment of rent, Ontario law gives tenants a real opportunity to resolve the matter by paying what is owed:
- Before an order is issued: If you pay the full arrears owed, the application fee, and any additional rent owing as of the date of payment, the landlord's application is discontinued under section 74 of the Residential Tenancies Act.
- After an order is issued, but before it becomes enforceable: Paying the full amount specified in the order by the deadline it sets out can void the order under section 74(4), meaning the tenancy continues.
Even where arrears are proven and not fully paid, the LTB is required under section 83 of the RTA to consider whether it should refuse or delay the eviction, and may order a payment schedule instead under section 204. This consideration is mandatory in certain circumstances.
Step 5: Gather Your Evidence
| Evidence Type | Why It Matters |
|---|---|
| Payment records | Proves what you have actually paid and when |
| Communications with the landlord | Texts, emails, or letters relevant to the dispute |
| Photos or documentation of unit conditions | Relevant if maintenance issues are part of your response |
| The original notice and lease | Confirms the terms and whether proper notice was given |
Step 6: Attend the Hearing
Attending is one of the single most important things you can do. At the hearing, you can present your evidence, respond to the landlord's claims, raise your own concerns (such as unmet landlord obligations, where relevant), and ask the Board to consider relief from eviction if applicable.
If you do not attend, the hearing can proceed without you, and an order can be made based solely on the landlord's side of the story.
Step 7: If the Order Goes Against You
Losing at the hearing does not necessarily mean immediate removal. There is generally a delay before an eviction order becomes enforceable, and in some circumstances a tenant can request additional time, a payment plan, or — on narrow grounds, such as a serious procedural error — a review of the decision.
See our full guide on the LTB eviction timeline in Ontario for what happens after an order is issued, including enforcement by the Sheriff.
Common Tenant Defences by Application Type
| Application Type | Common Tenant Responses |
|---|---|
| L1 (Non-payment of rent) | Payment already made, incorrect amount claimed, request for relief from eviction / payment plan |
| L2 (Based on an N12 — personal use) | Notice not given in good faith, incorrect notice period, procedural errors |
| L2 (Based on an N13 — renovation/demolition) | Work does not genuinely require vacant possession, compensation not offered, notice period too short |
| L2 (Based on other N-series notices) | Denial of the underlying allegation, procedural or notice defects |
What Happens If You Ignore the Application
Ignoring an LTB application does not make it go away. The hearing can proceed without you, an order can be issued, and — if you continue to take no action — the landlord can eventually pursue enforcement through the Sheriff. Responding, even briefly, preserves far more options than doing nothing.
Do You Need a Paralegal or Lawyer?
Straightforward matters — such as a clear-cut rent arrears case you intend to resolve by payment — can often be handled without representation. More complex or disputed matters, including allegations of bad faith, procedural errors, or situations with significant consequences, benefit from professional help in identifying the strongest available defences and presenting them effectively at the hearing.
Just been served with an LTB eviction application? Call our Toronto landlord and tenant team at 416-274-2222 for a free consultation before your hearing.
Frequently Asked Questions
Confirm the hearing date, read the application carefully to understand exactly what the landlord is alleging, and start gathering any evidence relevant to your situation — payment records, communications with the landlord, and photos, if relevant. Acting early gives you far more options than waiting until close to the hearing date.
Often, yes. Under section 74 of the Residential Tenancies Act, if you pay the full arrears owed, the application fee, and any additional rent owing by the date of payment, before an eviction order is issued, the landlord's application is discontinued. If an order has already been issued, paying the full amount specified before the order becomes enforceable can void the order under section 74(4).
Section 83 requires the Landlord and Tenant Board to consider whether it should refuse or delay an eviction, even where rent arrears are proven, taking into account the specific circumstances. In some situations, refusing the eviction is mandatory; in others, it is discretionary. Even where relief is granted, the tenant will still generally be ordered to pay any arrears owing, sometimes through a payment schedule.
The hearing can proceed without you, and the Board can issue an order based only on the landlord's evidence and submissions. Missing your hearing significantly reduces your ability to raise defences, request relief from eviction, or dispute the landlord's claims.
Yes, in many cases. If the landlord has failed to meet their own obligations — such as necessary repairs or maintenance — this can sometimes be relevant to your defence or to a request for relief from eviction, depending on the type of application and the specific circumstances.
You can raise this at the hearing. For example, if a landlord alleges the unit is needed for personal use (N12) but you believe this is not genuine, or if a landlord alleges non-payment but you have evidence of payment, these are exactly the kinds of issues the LTB hearing is meant to resolve.
In some circumstances, yes. The Board has discretion in some cases to delay the effective date of an eviction order, particularly where a tenant can show genuine hardship, though this is not guaranteed and depends heavily on the specific facts and type of application.
An eviction order does not mean the Sheriff will remove you immediately. There is typically a delay before an order becomes enforceable, and only the Sheriff — not the landlord, a paralegal, or anyone else — is legally permitted to physically remove a tenant. See our guide on the LTB eviction timeline for a full breakdown of what happens after an order is issued.
In limited circumstances, yes. A party can request a review of an LTB order, generally on specific grounds such as a serious error or a failure to receive proper notice of the hearing. This is a narrow remedy, not a general second chance to reargue the case, and strict deadlines apply.
Not always, particularly for straightforward matters where you plan to pay arrears or where the facts are not seriously disputed. For more complex situations — disputed facts, allegations of bad faith, or applications with significant consequences — professional representation can make a meaningful difference in the outcome.