Instructions for Landlords: How to Serve the Application and Notice of Hearing

Your Application and Notice of Hearing

When you file an Application with the Board, a hearing will be scheduled. You will be given an application package that includes two copies of your Application and two copies of a Notice of Hearing.

The Notice of Hearing tells you the date, time and location of your hearing, or if a written hearing will be held, it tells you the deadlines for filing documents with the Board.

You must give a copy to the other parties

You must give a copy of the Application and a copy of the Notice of Hearing to each person you named in your application as soon as possible and no later than the deadlines set out in the table below. These people are the other parties to the application. In some applications, there may only be one other party, in other applications there may be more than one other party.

If there is more than one other party, you will need to make enough photocopies for each of them.

You should keep a copy

Remember to keep a copy of the Application and the Notice of Hearing for yourself.

When You Must Give These Documents

Deadline to give these documents

You must give a copy of the Application and a copy of the Notice of Hearing to the tenant, and any other parties named in the application, as soon as possible. However, you must give these documents no later than the deadline set out in the following table:

IF you are filing a…	THEN you must give the documents to the tenant at least…
L1 - Application to End the Tenancy for Non-payment of Rent and to Collect Rent the Tenant Owes, or L9 – Application to Collect Rent the Tenant Owes	10 days before the hearing.
L2 - Application to Terminate a Tenancy and Evict a Tenant based only or in part on a notice to terminate a tenancy: Form N6 - for an illegal act involving drug trafficking, or Form N7 - for any reason	5 days before the hearing.
L2 - Application to Terminate a Tenancy and Evict a Tenant based on a notice to terminate a tenancy: Form N5 – for any reason, Form N6 - for an illegal act that does not involve drug trafficking or misrepresentation of income, or Form N8, N12, or N13 – for any reason	10 days before the hearing.
L5 - Application to Increase the Rent Above the Guideline, L7 - Application to Transfer a Care Home Tenant, or A4 - Application to vary the amount of a rent reduction for municipal property taxes.	30 days before the hearing. (see **)
Request to reopen an application that was resolved by a mediated agreement or a Consent Order issued under section 206 of the Act.	5 Days before the hearing.
for any other application not listed above	10 days before the hearing

** For written hearings, you must give the documents to the other parties no later than 20 days after the Notice of Hearing is issued.

If you do not give these documents on time

If you do not give a copy of the Application and Notice of Hearing to all of the other parties on time, your hearing may be delayed or your application may be dismissed.

How You can Give These Documents

Different ways you can give these documents

You can give these documents to another party in any of the following ways:

You can…	If you do, then the documents are considered to be received on…
hand the documents to the other party in person	the day you hand them to the other party.
send the documents by courier	the next business day after the documents were sent.
leave the documents in the mailbox where that person receives mail	the day you placed them in their mailbox.
send the documents by regular mail to that person’s last known mailing address	the 5th day after you mailed them.
send the documents by fax to a person’s home fax machine if they have one, or you can fax them to their business if they run a business.	the date that is imprinted on the fax.

You can also give a copy of the documents to…	In the following way by…
a landlord	giving them to an employee or representative of the landlord, such as a superintendent or property manager.
a tenant, subtenant or occupant of a rental unit	giving them to anyone in the rental unit who appears to be an adult, or placing them under the door of the rental unit, or placing them through the mail slot in the door.
a person’s agent or representative	giving them to that person by fax, mail or courier.

You can ask someone else to give the documents.

You can ask someone else to give these documents to the other parties in one of the ways outlined above.

If someone else does this for you, the person who gives the documents to the other parties must be prepared to prove to the Board that the documents were properly given.

You must let the Board know how and when the documents were given.

You must file a Certificate of Service with the Board after you have served the other parties. This form tells the Board how and when each party was given a copy of the Application and the Notice of Hearing.

The Certificate of Service must be filed with the Board no later than five days after the documents were served.

The person who gave the documents to the other parties is the person who must sign the Certificate of Service form.

A copy of this form is included in your application package.

For More Information

Contact the Board

This brochure provides general information only. For more information, or to obtain copies of the Board’s forms and publications, you may:

call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
visit your local Landlord and Tenant Board office. A list of Board office locations can be found on our website, or you may call us at the numbers listed above.

Release January 31, 2007

ISBN 978-1-4249-2967-2 (HTML)
ISBN 978-1-4249-2968-9 (PDF)
ISBN 978-1-4249-2966-5 (Print)