Law Talk: What is the Landlord and Tenant Board?
Most tenants in Ontario who rent houses or
apartments are in leases covered by the
Residential Tenancies Act. The Landlord and
Tenant Board (LTB) is in charge of enforcing
this law. If you have a maintenance concern
that your landlord is not addressing, if your
landlord wants to evict you, if you have been
charged an illegal deposit, or for any other
dispute about tenant rights, the LTB will be
the place to settle that dispute.
Who Will Hear And Decide My Case?
An LTB case will not be in a courtroom or heard by a judge. It is a special tribunal that hears only about landlord and tenant matters. Your case will be heard by Members, who are appointed by the provincial government. Members may be lawyers, community legal workers, arbitrators, businesspeople, social workers and more. Because a Member deals with only tenancy disputes, they have a large amount of special knowledge about the Residential Tenancies Act.
The role of the LTB and the Members is to provide information about the Residential Tenancies Act and resolve disputes. Often, tenants and landlords can get information from the LTB and resolve disputes on their own. For the resources and information available from the Landlord and Tenant Board, you should visit ltb.gov.on.ca.
Scheduling A Hearing
Tenants and landlords are both allowed to apply to the LTB, requesting that an LTB Member make an “Order” for the landlord or tenant to do something. The forms to apply are available on the website at ltb.gov.on.ca. Some examples of orders that a Member might grant include an order to fix a leaky toilet, an order that a tenant be evicted, or an order that the landlord return an illegal deposit plus interest.
When you have filled your application and filed it with the LTB, you will be given a Notice of Hearing. You then must “serve” that document on the other party by giving them a copy, and then file a Certificate of Service with the LTB that says when, where and how you served the other party with the proper documents. A failure to serve your adversary properly may mean that you have to start all over from the beginning.
On your hearing date, you get the chance to present your case to the Member by bringing documents and witnesses. The other party will bring their own documents and witnesses to present their case. You will be given the chance to ask questions to every witness, and make a closing statement, before the Member decides your case and makes an Order.
The LTB Mediation Service
On or before the hearing date, the LTB can provide a Mediator to help you resolve the dispute. Mediation is voluntary, so both the landlord and the tenant must agree. A mediator can help you guide your discussion and focus or narrow the issues to the specific legal dispute instead of other personal problems. This can help you craft your own solution. If you reach an agreement, the mediator can help draft a legally enforceable agreement for you. If you do not reach an agreement, anything said during mediation is confidential and cannot be used at your hearing.
Complaints About The LTB
A decision that you disagree with at the LTB can be appealed through the court system or through the LTB Review procedure. However, if you have a complaint about the conduct of the Member or the Mediator, there is a separate complaint process. The information about how to file an appeal or complaint is available from your closest LTB office or online.
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888-332-3234.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800- 268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
Who Will Hear And Decide My Case?
An LTB case will not be in a courtroom or heard by a judge. It is a special tribunal that hears only about landlord and tenant matters. Your case will be heard by Members, who are appointed by the provincial government. Members may be lawyers, community legal workers, arbitrators, businesspeople, social workers and more. Because a Member deals with only tenancy disputes, they have a large amount of special knowledge about the Residential Tenancies Act.
The role of the LTB and the Members is to provide information about the Residential Tenancies Act and resolve disputes. Often, tenants and landlords can get information from the LTB and resolve disputes on their own. For the resources and information available from the Landlord and Tenant Board, you should visit ltb.gov.on.ca.
Scheduling A Hearing
Tenants and landlords are both allowed to apply to the LTB, requesting that an LTB Member make an “Order” for the landlord or tenant to do something. The forms to apply are available on the website at ltb.gov.on.ca. Some examples of orders that a Member might grant include an order to fix a leaky toilet, an order that a tenant be evicted, or an order that the landlord return an illegal deposit plus interest.
When you have filled your application and filed it with the LTB, you will be given a Notice of Hearing. You then must “serve” that document on the other party by giving them a copy, and then file a Certificate of Service with the LTB that says when, where and how you served the other party with the proper documents. A failure to serve your adversary properly may mean that you have to start all over from the beginning.
On your hearing date, you get the chance to present your case to the Member by bringing documents and witnesses. The other party will bring their own documents and witnesses to present their case. You will be given the chance to ask questions to every witness, and make a closing statement, before the Member decides your case and makes an Order.
The LTB Mediation Service
On or before the hearing date, the LTB can provide a Mediator to help you resolve the dispute. Mediation is voluntary, so both the landlord and the tenant must agree. A mediator can help you guide your discussion and focus or narrow the issues to the specific legal dispute instead of other personal problems. This can help you craft your own solution. If you reach an agreement, the mediator can help draft a legally enforceable agreement for you. If you do not reach an agreement, anything said during mediation is confidential and cannot be used at your hearing.
Complaints About The LTB
A decision that you disagree with at the LTB can be appealed through the court system or through the LTB Review procedure. However, if you have a complaint about the conduct of the Member or the Mediator, there is a separate complaint process. The information about how to file an appeal or complaint is available from your closest LTB office or online.
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888-332-3234.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800- 268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
