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Rent Arrears Recovery · L9, L1 and L10 · Serving Landlords across Ontario
Unpaid rent can quickly become a significant financial issue for a landlord. Whether the tenant is still living in the rental unit or has already moved out, Ontario landlords may have legal options to recover rent arrears through the Landlord and Tenant Board (LTB).
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Two questions decide the route
The correct process depends largely on the tenant's current status and what the landlord is trying to accomplish. A landlord who wants to recover unpaid rent without ending the tenancy may follow a different process from a landlord seeking both payment and eviction. If the tenant has already moved out, a separate application may be required. Rockstart Legal assists landlords in identifying the appropriate rent recovery process, preparing the required application and presenting the claim before the LTB.
Where you stand
Rent arrears arise when rent that was required to be paid under the tenancy remains unpaid. The amount owing may involve a single missed payment or rent that has accumulated over several rental periods.
Before starting an application, it is important to determine the amount actually owing and identify the period to which the unpaid rent relates. Accurate rent records can become particularly important if the tenant disputes the amount claimed.
The appropriate legal route also depends on whether the tenant still occupies the rental unit.
If the tenant remains in possession, a landlord may seek an order requiring payment of the arrears without seeking eviction. Alternatively, where the landlord also intends to end the tenancy because of non-payment, a different application process applies.
If the tenant has already moved out, the landlord may still be able to pursue the outstanding rent through an application concerning money owed by a former tenant.
A tenant who has stopped paying rent, where the landlord also wants the tenancy ended, is a different matter with a different route.
Choosing the right route
A landlord does not necessarily have to wait until several months of rent have accumulated before considering legal action. Where rent remains unpaid after it becomes due, the landlord may have options available through the LTB.
The correct application depends on the result the landlord wants.
payment of the unpaid rent while continuing the tenancy;
payment of the arrears together with termination and eviction; or
recovery of money from a tenant who has already moved out.
These situations should not be treated as though they are the same claim.
For example, an application that only seeks payment of rent from a current tenant does not itself provide a landlord with the right to evict that tenant. If eviction is also being sought because of the unpaid rent, the landlord generally needs to follow the non-payment termination process, including the appropriate notice and application.
Deciding the objective at the outset identifies the right procedure and avoids an application that cannot deliver the remedy.
Tenant still in the unit
A landlord who wants an order requiring a current tenant to pay outstanding rent, but does not want to evict the tenant, may use an L9 – Application to Collect Rent the Tenant Owes.
The focus of the L9 application is recovery of the money owing rather than termination of the tenancy.
This can be useful where the landlord wants the tenant to remain in the rental unit but requires a formal order regarding the outstanding rent.
An L9 application can only be used while the tenant is still living in the rental unit. If the tenant has already moved out, the former-tenant procedure must be considered instead.
If the LTB makes a payment order following an L9 application, the order can be enforced as a debt. However, failure to pay an L9 order does not by itself allow the landlord to use that order to evict the tenant.
The situation is different when the landlord wants both payment of the rent arrears and termination of the tenancy and eviction.
In that situation, the landlord generally proceeds through the non-payment process, beginning with the required N4 Notice to End a Tenancy Early for Non-payment of Rent and, where the legal requirements are satisfied, an L1 – Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes.
The L1 application allows the landlord to seek both an eviction order and an order concerning the rent owing.
For a fuller explanation of this process, see our Tenant Not Paying Rent service and our separate guides to the N4 Notice and L1 Application.
Tenant has moved out
A landlord may still have options where the tenant has already left the rental property without paying all of the rent owing.
The application used for a former tenant is different from the application used while the tenant remains in possession.
An L10 – Application to Collect Money a Former Tenant Owes may be available where the former tenant has moved out and still owes the landlord money.
For rent arrears purposes, an L10 can be used to seek rent that remained unpaid during the tenancy. It may also address compensation relating to a former tenant remaining in the unit after the tenancy ended, where applicable.
The L10 process can also cover certain other types of money claims, such as eligible unpaid utilities, damage and particular costs. Those issues may involve different evidence and legal considerations and are addressed separately in Rockstart Legal's related landlord services.
A significant consideration is the filing deadline. An L10 application generally cannot be filed more than one year after the former tenant moved out of the rental unit.
Because of this limitation period, landlords with significant outstanding arrears should consider their options promptly after a tenant leaves rather than allowing the account to remain unresolved.
The landlord will also need sufficient information to properly identify and serve the former tenant as part of the LTB process.
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Working with us
Rent arrears claims can appear straightforward until there is a disagreement about the amount owing, the applicable rental periods, payments already made, or which LTB application should be used.
Rockstart Legal assists Ontario landlords with rent arrears recovery by reviewing the circumstances of the tenancy and determining the appropriate legal route.
Where the landlord also wants to terminate the tenancy because rent remains unpaid, we can assess the matter as a non-payment of rent and eviction case rather than treating it only as a debt-recovery claim.
The goal is to ensure that the landlord pursues the remedy that fits the actual circumstances of the tenancy.
Depending on the matter, our assistance may include:
Other matters we handle
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Before you call
Yes. Where a current tenant owes rent, a landlord may have different LTB options depending on the remedy being sought. If the landlord only wants an order requiring payment, an L9 application may be appropriate. If the landlord also seeks eviction because of non-payment, the N4 and L1 process may apply.
An L9 is used to seek payment of rent from a tenant who is still living in the rental unit without seeking eviction through that application. An L1 is used where the landlord seeks both eviction for non-payment and collection of the rent owing, following the required N4 process.
A landlord may be able to apply to the LTB using an L10 application where a former tenant owes rent or certain other amounts. The L10 is specifically intended for claims involving a tenant who has already moved out.
An L10 application generally must be filed within one year after the tenant moved out of the rental unit. Because missing the applicable deadline can affect the landlord's ability to pursue the claim through the LTB, landlords should consider dealing with outstanding arrears promptly.
No. An L9 application is a rent collection application and does not itself provide an eviction remedy. If the landlord seeks to terminate the tenancy because of non-payment, the appropriate N4 and L1 process should be considered.
Where a current tenant owes rent and the landlord seeks both recovery of the arrears and eviction, the matter generally falls within the non-payment eviction process. This normally involves serving the appropriate N4 notice before filing an L1 application where the statutory requirements have been satisfied.