When a Tenant Fails to Comply with an LTB Order or Mediated Settlement
An order or mediated settlement issued by the Landlord and Tenant Board does not automatically result in eviction or payment. Where a tenant fails to meet the conditions set out in a prior order or settlement, a landlord may apply to the LTB to end a tenancy and evict the tenant.
We assist landlords throughout Ontario in determining whether an L4 application is available and, where appropriate, preparing and filing the application in compliance with the Board’s requirements.
When an L4 Application Can Be Filed
A landlord may file an L4 application to request an order to end the tenancy and evict the tenant where the tenant has failed to comply with conditions contained in:
- A mediated settlement, or
- An LTB order
Monetary Relief That May Be Claimed on an L4
Depending on the nature of the prior application and the breach, an L4 application may also be used to collect amounts the tenant still owes.
Where the L4 is based on a prior L1 application, a landlord may seek to collect:
- Rent owing under the mediated settlement or order
- Rent that became due after the settlement or order
- NSF cheque charges incurred after the settlement or order
Where the L4 is based on a prior L2 application, a landlord may seek to collect:
- Compensation for damages
- Other charges the tenant was required to pay under the settlement or order
All amounts claimed must be calculated in accordance with the form and supported by proper documentation.
Strict Filing Deadlines and Evidence Requirements
An L4 application must be filed no later than 30 days after the tenant failed to meet the condition of the order or mediated settlement. Missing this deadline can prevent enforcement through an L4.
In addition to the application itself, the landlord must file:
- A copy of the mediated settlement or order
- A signed declaration or sworn affidavit setting out:
- Which condition(s) the tenant failed to meet, and
- How the tenant failed to meet those conditions
Failure to file the required documents correctly can delay or invalidate the application.
How the LTB Processes L4 Applications
Unlike many other LTB applications, L4 applications are often decided without a hearing.
After the landlord files the application, the Board will normally review the materials and may issue an order terminating the tenancy without holding a hearing, provided the application is properly completed and supported.
Because there is often no hearing, accuracy and completeness at the filing stage are critical.
Common Issues That Arise with L4 Applications
L4 applications are frequently delayed or refused due to:
- Filing outside the 30-day limitation period
- The prior order or settlement not authorizing an L4
- Inadequate or unclear declarations or affidavits
- Errors in calculating amounts owing
- Attempting to use an L4 where another application is required
Early review can help determine whether an L4 is available or whether a different enforcement route is required.
How We Assist With L4 Applications
We assist landlords with:
- Reviewing the prior LTB order or mediated settlement
- Confirming whether an L4 application is legally available
- Assessing limitation periods and timing issues
- Preparing the L4 application and required declarations
- Ensuring monetary claims are calculated correctly
- Advising on next steps following the Board’s order
Our focus is on accuracy, compliance, and enforceability.
Book a Consultation
If a tenant has failed to comply with an LTB order or mediated settlement and you are unsure whether an L4 application is available, we can review your situation and advise on the appropriate enforcement options.