What Is the Landlord and Tenant Board? Ontario's Rental Tribunal

If you are renting a home for the first time, or becoming a landlord, you will hear about the Landlord and Tenant Board, often called the LTB. People mention it when rent is late, repairs are ignored or a tenancy needs to end.

This article explains what the LTB is, what it decides, what it cannot do and how it differs from going to court. It is general information, so a lawyer or legal clinic can confirm how it applies to your situation.

What the Landlord and Tenant Board is

The LTB is part of Tribunals Ontario. It is where a landlord or tenant goes to resolve a dispute or end a tenancy under the Residential Tenancies Act. A tribunal is a specialized decision-maker that is not a court, but its orders carry legal weight.

There is no separate Landlord and Tenant Board Act. The LTB applies the Residential Tenancies Act, 2006, which sets out the rights and responsibilities of landlords and tenants of apartments, houses, rooms in rooming or boarding houses, care homes, retirement homes, and mobile home park or land lease sites.

The LTB resolves disputes through mediation, where a mediator helps the parties reach an agreement, or adjudication, where a member hears the evidence and issues an order. The order is the final written version of the member's decision.

What kinds of disputes it decides

Ontario's guide says the Act applies to most private residential rental units, including houses, semi-detached houses, apartments, condominiums and secondary units such as basement apartments. The forms give a good picture of the LTB's work.

Money claims by landlords have changed. Before September 2021 the LTB could hear a landlord's compensation claim only if the tenant still lived in the unit. Form L10 now lets a landlord collect money from a former tenant, if the tenant moved out on or after September 1, 2021 and the application is filed within one year of move-out. A tenant can also apply for a rent reduction if municipal taxes or charges on the rental property go down.

What the LTB cannot do or does not cover

The Act does not apply to every living arrangement. Section 5 lists exemptions, and sections 5.1, 5.2 and 6 add others. Examples include accommodation for the travelling or vacationing public in a hotel, motel or resort, and short-term respite care in a care home. Long-term care home residents are not under the Act. The Act also does not apply if the tenant must share a kitchen or bathroom with the landlord.

Other housing is partly covered. Many rent rules do not apply to non-profit and public housing or university and college residences, though rules such as maintenance and eviction reasons still apply. An exemption in section 5 does not apply to living accommodation that is subject to a tenancy to which the Act applies, unless that tenancy has first been terminated in accordance with the Act.

If the answer is unclear, Form A1 asks the LTB to decide whether the Act applies, for a fee of $53.

• A tenant cannot file an LTB application against a co-tenant or roommate.
• Discrimination in refusing to rent goes to the Human Rights Tribunal of Ontario, except deposit or handover issues under section 107 of the Act.
• The LTB issues orders, but most are enforced through the courts.

LTB or court? How enforcement and appeals work

If your dispute is between a landlord and tenant about a rental the Act covers, the LTB is the starting point. Courts come in afterwards. Most LTB orders are enforced through the courts, and an order for payment of money can be filed with the Small Claims Court for enforcement.

If you disagree with an order, there are two main routes. A Request to Review an Order costs $58 and can be based on not being reasonably able to participate, a serious error in the order, or new evidence that could not have been obtained earlier. Appeals go to the Divisional Court, are limited to questions of law only, and must generally be brought within 30 days after the order was made. Review deadlines should be confirmed with the LTB or a lawyer.

Whether a particular claim belongs at the LTB, in Small Claims Court or elsewhere depends on the facts, so ask a lawyer when the situation is mixed, for example when it involves a roommate or a claim that is not covered by the Act.

Using the LTB: first steps

Applications can be filed through the Tribunals Ontario Portal, by email with online payment, by mail or courier, or in person at about 80 ServiceOntario locations. Landlord applications such as L1 and L2 cost $201, or $186 through the Portal, and tenant applications such as T2 and T6 cost $53, or $48 through the Portal. The LTB can be reached at 1-888-332-3234 on weekdays from 8:30 a.m. to 5:00 p.m..

• Confirm your rental is covered by the Residential Tenancies Act.
• Keep your lease, notices, receipts, photos and messages together.
• Identify the form that fits your problem.
• Check how you will file and pay, and whether you qualify for a fee waiver.
• Consider speaking with a lawyer or legal clinic before filing, especially for an eviction.

Frequently asked questions