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					Application to Terminate a Tenancy - Tenant Failed to Meet Conditions of a Settlement or Order
Form L4 Instructions

Use this form to apply to the Board to terminate the tenancy and evict the tenant if the tenant failed to meet the conditions of a settlement mediated by the Board or an order issued by the Board. You may also apply for an order requiring the tenant to pay any arrears of rent and compensation that is owing. You can obtain this form at the Landlord and Tenant Board office in your area or from the Board’s website at www.LTB.gov.on.ca

January 31, 2007

A. How to Apply...
Use this form if you are applying to terminate the tenancy and evict the tenant after the tenant has failed to meet the conditions of a settlement mediated by the Board or an order issued by the Board. Before completing the application, see Part 2, AInformation About Your Previous Application@ for information about the conditions you must meet before you can apply. Step 1: Complete the form

Read the instructions carefully before completing the form. Step 2: You can: 1. Bring the application to the nearest Board Office. 2. Fax your application to the Board Regional Office in your area. 3. Mail your application to the Board Regional Office in your area. Important: If you owe money to the Board as a result of failing to pay a fee, or any fine or costs set out in an order, your application may be refused or discontinued. It is the applicant's responsibility to ensure that their application is correct and complete. Staff of the Landlord and Tenant Board will check applications for completeness; however, the Board Member who will make a decision on the application will ultimately determine whether or not it meets the requirements of the legislation. Where it does not, the application may be dismissed. Step 3: The Board will process the application File the application with the Landlord and Tenant Board

You do not have to give a copy of the application to the tenant. Normally, the Board will issue an order without holding a hearing. The order will be based on the claim you made in the application. The order will be mailed to you and to the tenant. If the tenant does not agree with the order, the tenant can file a Motion to Set Aside the order. The tenant must do so no later than 10 days after the order is issued. If the tenant files the motion, the order will be stayed and the Board will schedule a hearing. An order that is stayed cannot be enforced. At the hearing, the Board will consider whether the tenant failed to meet the conditions in the mediated settlement or order.

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B.

How to complete this form...

The information you fill in on the form will be read electronically, therefore it is very important that you follow these instructions carefully. Print in capital letters and do not touch the edges of the boxes. If there are more boxes in a line than you need, leave the extra boxes blank. Do not fill in boxes that do not apply to you (for example, if you do not have a fax number, do not fill in boxes in the space marked AFax Number@). If the instructions tell you to shade a box (for example, to indicate your gender), shade the box completely. See the following example:

Part 1:
Landlord=s Name and Address

General Information Fill in your name and mailing address, and shade the correct box to show whether you are male or female. If the landlord is a company, shade the box marked company and fill in the name of the company under AFirst Name@. Include both daytime and evening telephone numbers and a fax number and email address, if you have them. If there is more than one landlord, first complete Part 1 with information about one of the landlords, then provide the names, addresses and telephone numbers of the additional landlords on the ASchedule of Parties@ form which is available from the Board.

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Rental Unit Covered by this Application

Fill in the address and unit number of the rental unit covered by this application. If the name of the street is, for example, AChestnut Road@, you would fill in AChestnut@ under AStreet Name@ and ARoad@ under AStreet Type@. If the street name includes a direction (such as AChestnut Road North@), you would fill in “North” under “Direction”. Where applicable, use the following abbreviated directions: ANW@ for Northwest, ANE@ for Northeast, ASW@ for Southwest or ASE@ for Southeast.

Tenant=s Name and Address

Fill in the tenant=s name. There is room to add two tenants to the front of this form. If there are more than two tenants, first complete Part 1 of the application form and then provide the names, addresses and telephone numbers of any additional tenants on the ASchedule of Parties@ form which is available from the Board. Fill in the tenant=s mailing address if it is different than the address of the rental unit. If the tenant=s address is the same as the address of the rental unit, leave the section for the tenant=s address blank. Provide the tenant=s daytime and evening telephone numbers and a fax number and e-mail address, if you know them.

Related Applications

If there are any other applications to the Board that relate to the same rental unit, fill in the file numbers of those applications.

Part 2:

Information about Your Previous Application

In order to make this application: C C you must have previously applied to the Board for an order terminating the tenancy or evicting the tenant, and as a result of that application, you and the tenant resolved the application by way of a settlement mediated by the Board, or the Board issued an order that set out conditions the tenant had to meet, and the settlement or order contained a term that allowed you to make this application if the tenant did not comply with certain conditions, which relate to the same reason that you applied for in the original application, and

C

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C

the tenant has not met the specified conditions set out in the settlement or order.

In order to apply for arrears of rent and compensation: you must have previously applied for payment of arrears of rent at the same time as you applied to terminate the tenancy and evict the tenant, and the order or settlement must have required the tenant to pay rent or some or all of the arrears of rent. Deadline to file this application: You must file this application no later than 30 days after the tenant failed to meet a specified condition of the mediated settlement or the order.

Information about the Previous Application: On the form, indicate the file number of the previous application (which was resolved by the order or mediated settlement). Also fill in the date the order was issued, or the date the mediated settlement was made.

Part 3:

Reasons for Your Application

There are four different reasons for making this application. You should read these instructions carefully before completing the form, then shade the box for the order you want the Board to make. If your previous application was resolved by a mediated settlement, select one the following reasons: Reason 1: You are only applying for an order to terminate the tenancy and evict the tenant. If you only want to terminate the tenancy and you are not requesting an order for the payment of money, choose this reason by shading the appropriate box on the form. Reason 2: You are applying for both an order terminating the tenancy and for money owing. You can only apply for this reason if you previously applied for an order for payment of arrears at the same time that you applied to terminate the tenancy and evict the tenant, and the mediated settlement required the tenant to pay rent or some or all of the arrears of rent.

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You can also request payment of arrears of rent, compensation and charges related to NSF cheques the tenant may have given you, and if it was agreed to in the mediated settlement, the fee for the previous application. If you want to make the application for this reason, shade the appropriate box on the form, and in the space provided fill in the total amount that is owing in dollars and cents. This amount should be the total of the following: $ the arrears that are still owing under the terms of the settlement, $ any rent that became owing after the date of the settlement that the tenant did not pay, $ the amount of any unpaid NSF cheque charges and fees that the tenant still owes. This includes the amount the financial institution charged you for the NSF cheque(s) and any related administration charge. (Note: Under the RTA the maximum administration charge is $20 per NSF cheque), $ if applicable, the amount agreed to in the mediated settlement for the previous application fee. If the amount agreed to is higher than the actual amount paid to file the application, then claim the actual amount paid. Example: Nancy Perkins had applied to the Board to terminate the tenancy and evict Alex Barton, and for an order for the payment of the $500 Alex owed in rent. Through mediation, Nancy and Alex came up with an agreement to resolve this application. In their mediated settlement, Alex agreed to pay the amounts set out below. They also agreed that if Alex missed any payment, Nancy could apply for an order to terminate the tenancy and evict Alex, for arrears of rent, and for the payment of the application fee. They agreed Alex would pay as follows: $ $ $ $ $400 towards the rent arrears on January 31, 2007. $800 for February’s rent on February 1, 2007. $150 for the application fee on February 10, 2007. $100 towards rent arrears on February 27, 2007.

Alex paid $200 towards the rent arrears on January 31st, but did not pay any other amounts. As a result, on February 3rd, Nancy filed this application to terminate the tenancy and evict Alex and also to apply for payment of the money that Alex owes. Nancy calculated the amount owing as follows: $300 in rent arrears ($500 arrears - $200 payment) + $800 (the new rent that became owing) + $150 (for the previous application fee) = $1,250.00

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Note: The most the Board can order based on your claim is $10,000. Once the Board issues the order, you can no longer claim the amount on your application that exceeds $10,000. Compensation: The Board will calculate the daily compensation amount the tenant should pay for each day they remain in the rental unit without paying after the tenancy is terminated. This amount will be based on the information you provide about the current rent. Indicate the amount of rent the tenant currently pays in the space provided on the form and shade the appropriate box to indicate whether the rent is due each week, or each month. If the tenant pays rent for a different period (such as bi-monthly), shade the other box on the form, and indicate the rent period in the space provided. If you do not complete this section on the form, the Board can decide not order the tenant to pay daily compensation.

Documents you must submit: You must file a copy of the mediated settlement with your application. You must also submit an affidavit which explains which conditions the tenant did not comply with and in what way the tenant did not comply with them. If you are applying to terminate the tenancy and for payment of the amount the tenant owes you, your affidavit must also provide the following: $ $ $ $ $ information about any new rent that is owing, any payments that were made pursuant to the mediated settlement, any unpaid charges for NSF cheques, any amount that is owing for the previous application fee, and information about any rent deposit and interest owing on the deposit.

An affidavit form is attached to your application. If you do not file a copy of the mediated settlement and an affidavit along with your application, the application may be dismissed. If your previous application was resolved by an order, select one the following reasons: Reason 3. You are only applying for an order to terminate the tenancy and evict the tenant. If you only want to terminate the tenancy and you are not requesting for an order for the payment of money, choose this reason by shading the appropriate box on the form.

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Reason 4: You are applying for both an order terminating the tenancy and for money owing. You can only apply for this reason if you previously applied for an order for arrears of rent at the same time that you applied to terminate the tenancy and evict the tenant, and the previous order required the tenant to pay rent or some or all of the arrears of rent. You can also request payment of any rent that has become owing since the date of the order and any new charges related to NSF cheques the tenant may have given you. If you want to make an application for this reason, shade the appropriate box on the form, and in the space provided fill in the total amount that is owing in dollars and cents. This amount should be a total of the following: $ any rent that became owing after the date of the order that the tenant did not pay, and $ the amount of any unpaid NSF charges and fees that were incurred after the date of the order. This includes the amount the financial institution charged you for the NSF cheque(s) and any related administration charge. (Note: Under the RTA, the maximum administration charge is $20 per NSF cheque.) Do not include in this total any arrears or NSF charges and fees that have already been ordered to be paid in the previous Board order, even if they have not been paid. These amounts can be enforced through the courts; they cannot be included in the current application and resulting order. The most the Board can order based on your claim is $10,000. Once the Board issues the order, you can no longer claim the amount on your application that exceeds $10,000.

Compensation: The Board will calculate the daily compensation amount the tenant should pay for each day they remain in the rental unit without paying after the tenancy is terminated. This amount will be based on the information you provide about the current rent. Indicate the amount of rent the tenant currently pays in the space provided and shade the appropriate box to indicate whether the rent is due each week, or each month. If the tenant pays rent for a different period (such as bi-monthly), shade the other box on the form, and indicate the rent period in the space provided. If you do not complete this section on the form, the Board can decide not to order the tenant to pay daily compensation.

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Documents you must submit: You must file a copy of the order along with the application. You must also submit an affidavit which explains which conditions the tenant did not comply with and in what way the tenant did not comply with them. If you are applying to terminate the tenancy and for payment of the money owing, your affidavit must also provide the following: $ information about any new rent that is owing, $ information about any new charges you have incurred for NSF cheques, and $ information about any rent deposit and interest owing on the deposit. An affidavit form is attached to your application. If you do not file a copy of the order and an affidavit along with your application, the application may be dismissed.

Part 4 Signature Sign your name and include the date you are signing this form. If you are the landlord or an officer signing for a corporation, shade the box marked ALandlord@. If you are an agent, shade the box marked AAgent@. Print your name below your signature. If you are an agent or an officer signing for a corporation, also include your name, title, company name (if applicable), mailing address, telephone and fax number and e-mail address. If an agent signs the form, the agent must have written authorization from the landlord. The agent should bring the authorization to the hearing.

C.

How to Complete the Form L4 Affidavit

An affidavit must be attached to the Form L4 application. Your affidavit must be sworn or affirmed before a Commissioner of Oaths or a Notary Public. You will be required to swear or affirm that the information you have put in your affidavit is true. The information that must be contained in the affidavit will vary depending on the reason for making the application. If any of the information in the affidavit does not relate to your situation, make sure you cross out that part of the affidavit and initial the deletion.

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Which sections you need to read: If you are applying because the tenant did not meet the conditions set out in an order of the Board, go to sections A, B and C below. Cross out section D and initial the deletion. If you are applying because the tenant did not meet the conditions set out in a settlement mediated by the Board, see all of the sections below.

Section A - General Information You must complete this section. Name and area where you live: At the top of the form, print your name and the name of the city, town or municipality where you live in the spaces provided Conditions of the Order/Settlement that were not met: Check the appropriate box on the form to indicate whether the tenant failed to meet a condition of an order or a mediated settlement. Then in the space provided, you must indicate which condition(s) in the order or mediated settlement the tenant did not comply with, and how they did not comply with the condition(s). Be very specific.

Section B - New Rent and Charges Owing If you are applying for arrears and compensation, you must complete this part of the affidavit. You can only ask for arrears and compensation if you applied for arrears of rent in your previous application, and if the mediated settlement or order required the tenant to pay some or all of the rent arrears. If both of these conditions do not apply, cross out this section on the form and initial the deletion. New Rent Owing: If the tenant has failed to pay rent that became due after the date of the order or settlement, complete the table on the affidavit to show the new rent that is owing. The example below shows how to complete the table.

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Example: Jill Payton filed an application to terminate the tenancy and evict Chris Johnson and for an order for the payment of arrears of rent. The parties settled the application through mediation However, Chris Johnson did not pay the $250 arrears payment that was due on January 25, 2007. As well, he did not give Jill Payton the rent payment of $750 that was to be paid February 1, 2007. As a result, Jill’s application includes the new rent arrears that are owing. Jill filled out the table on the form as follows:

If you have not incurred any new arrears since the date of the order or settlement, cross out this part of the form and initial the deletion. New NSF or Related Administration Charges Owing If you have incurred any new NSF cheque charges or related fees since the date of the order or settlement, complete the appropriate table on the form. The example below shows you how to complete the table. The NSF cheque charge is the actual amount the financial institution charged you. The maximum related administration charge allowed by the Residential Tenancies Act (RTA) is $20 per cheque. Example: Stan Thomas had made an application to terminate the tenancy and evict Jean Wallace and for an order for the payment of arrears of rent. The parties had settled this application through mediation. As per the terms of the agreement, Jean gave Stan a cheque for $300 for arrears dated January 25, 2007, but the cheque was returned NSF. The bank charged Stan an NSF fee of $5.

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This is how Stan filled out the table on the affidavit form to show the NSF bank charges and the landlord’s administration charge:

If you have not incurred any new NSF cheque charges since the date of the order or settlement, then cross out this part of the form and initial the deletion. Section C - Information about the Rent Deposit When determining any amount the tenant may owe you, the Board will subtract any rent deposit and interest you owe the tenant. If you are holding a last month=s rent deposit, complete this section of the form. Example: When Jean Wallace moved in on January 1, 2006, Stan Thomas collected a $750 deposit for the last month=s rent. On December 31, 2006 Stan paid interest on the rent deposit for the period from January 1, 2006 to December 31, 2006. Stan has not paid any interest for 2007 yet. Stan would complete this part of the form as follows:

If you did not collect a rent deposit or if the amount of the deposit and any interest have already been credited to the tenant in the amount agreed to in the mediated settlement or determined in the order, then cross out this section of the form and initial the deletion.

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Section D - Information about the Mediated Settlement Amounts owing in the mediated settlement: Fill in the date that the mediated settlement was signed and the total amount of rent arrears in dollars and cents that the tenant agreed to pay in the mediated settlement. Do not include any other amounts in this total, even if they were agreed to in the settlement (for example, if the settlement also required the tenant to pay for damages, do not include that amount agreed to for damages). Fill in the end date for the final rental period during which the tenant owes arrears.

Example: In the mediated settlement dated January 17, 2007 , John Selkirk and Nadia Smirkin agreed that John would pay Nadia $400 for the rent arrears owing for the period December 1, 2006 to January 31, 2007, $50 for the damage the tenant=s guest did to the door to the rental unit, and $150 for the cost of filing the application. There were no NSF charges owing. Although John and Nadia agreed to a repayment schedule, John did not make any of the payments agreed to. This is how Nadia completed the affidavit form:

Payments Received: You must complete the table on the form to show each payment that the tenant made in accordance with the mediated settlement. For each payment, you must complete the date the payment was made, the amount of the payment in dollars and cents, and indicate whether the payment was for arrears, rent, an NSF cheque charge, the previous application fee or Aother@.

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If one payment is made but it covers more than one of the reasons indicated in the table, break down the total payment on separate lines and fill in the applicable amount for each separate reason, as indicated in the following example. If the tenant has not made any payments in accordance with the mediated settlement or order, then write Ano payments made@ in the table. Example: As per the terms of the mediated settlement, Laura Brennan made the following payments to her landlord, Lynn Johnson: $250 on January 10, 2007, for which $200 was for arrears and $50 was for damages. $750 for rent on February 1, 2007. Laura did not make the payment that was due on February 10th for arrears. This is how Lynn filled out the table on the affidavit form:

Swearing or Affirming the Affidavit Your affidavit must be sworn or affirmed before a Commissioner of Oaths or a Notary Public. You will be required to swear or affirm that the information you have put in your affidavit is true. The person commissioning the affidavit will complete the information in this part of the form and you will sign the form at that time. The Board has staff in many of its offices who can commission your oath.

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If you need more information...
The Board has Rules of Practice that set out procedural rules which may affect the outcome of your application. In addition, the Board has Interpretation Guidelines which explain how the Board might decide specific issues that could arise in your application. You can purchase a copy of the Rules and Guidelines from the Landlord and Tenant Board office in your area or view them online at the Board’s website www.LTB..gov.on.ca. If you need more information or have any questions, call the Landlord and Tenant Board at 1888-332-3234, or 416-645-8080 from within the Greater Toronto Area. You can also check the status of your application by visiting the Board’s website at www.LTB.gov.on.ca

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