Practice Areas

Residential Tenancy Law for Ontario Landlords

Representation before the Landlord and Tenant Board for evictions, above guideline increase applications, tenant applications, and post-order proceedings.

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Gobin & Leyenson LLP represents Ontario residential landlords in proceedings before the Landlord and Tenant Board (LTB) under the Residential Tenancies Act, 2006. Our legal team assists landlords with eviction applications, above guideline increase (AGI) applications, responses to tenant applications, and post-order proceedings including reviews and motions to set aside.

We act for individual landlords, property management companies, and corporate landlords across Ontario. Our team includes both a lawyer and licensed paralegals who are authorized to appear before the Landlord and Tenant Board.

Eviction of Tenants

In Ontario, residential landlords may only evict a tenant through a lawful process under the Residential Tenancies Act, 2006. Eviction proceedings before the Landlord and Tenant Board may involve a range of grounds, including non-payment of rent (N4), persistent late payment of rent (N8), interference with reasonable enjoyment or the lawful rights of the landlord or other tenants (N5), wilful or negligent damage (N5), illegal acts (N6), safety concerns (N7), landlord or purchaser own-use proceedings (N12), and demolition, conversion or substantial renovation matters (N13). Our legal team assists landlords from the notice stage through to hearing and enforcement.

  • Non-payment of rent (N4) — preparation, filing, and hearing representation
  • Persistent late payment of rent (N8)
  • Interference with reasonable enjoyment or lawful rights (N5)
  • Wilful or negligent damage (N5)
  • Illegal acts (N6)
  • Safety concerns (N7)
  • Landlord or purchaser own-use proceedings (N12)
  • Demolition, conversion or substantial renovation (N13)
  • Preparation and service of notices of termination
  • LTB application preparation and filing
  • Hearing representation before the Landlord and Tenant Board
  • Enforcement of eviction orders through the Sheriff

Above Guideline Increase Applications

Gobin & Leyenson LLP assists residential landlords with Above Guideline Increase (AGI) applications before the Landlord and Tenant Board. AGI applications allow Ontario landlords to seek rent increases above the annual guideline in circumstances permitted by the Residential Tenancies Act, 2006, including certain eligible capital expenditures, extraordinary increases in municipal taxes and charges, and qualifying security service costs. For additional Ontario Above Guideline Increase services and resources, visit AGIParalegal.ca, an Above Guideline Increase resource and service website of Gobin & Leyenson LLP.

Analysis Before Application

Before an AGI application is filed, our legal team conducts a comprehensive preliminary analysis using our proprietary AGI software. We assess the proposed expenditures, calculate the anticipated above-guideline increase, and evaluate the projected return on investment.

This allows the landlord to make an informed business decision about whether proceeding with an AGI application is economically justified before committing the time and resources required to advance the application.

Where proceeding is appropriate, our legal team manages the AGI process from application preparation through resolution, including review of eligible expenditures, preparation and filing, required notices and disclosure, responding to tenant objections, Case Management Hearings, and representation before the Landlord and Tenant Board.

Non-Eviction Landlord Applications and Issues

Beyond eviction proceedings, landlords may bring applications to the LTB for other matters arising under the Residential Tenancies Act, 2006.

  • Applications for compensation for damage caused by a tenant
  • Applications for unpaid rent where eviction is not sought
  • Applications relating to unlawful subletting or assignment
  • Applications concerning unauthorized occupants
  • Advice on landlord obligations under the Residential Tenancies Act, 2006
  • Guidance on lawful rent increases and rent control

Defence of Tenant Applications

When a tenant files an application against a landlord, our legal team can assist in preparing a thorough response and representing the landlord at the hearing.

Where a tenant alleges bad-faith termination of tenancy, our legal team can assist in developing a thorough response supported by current case law.

  • T1 — Tenant application about an illegal charge
  • T2 — Tenant application about maintenance
  • T3 — Tenant application about a rent reduction
  • T5 — Tenant application for compensation (bad-faith termination)
  • T6 — Tenant application about maintenance
  • Review of tenant application materials and preparation of landlord response
  • Representation at LTB hearings on tenant applications

Landlord and Tenant Board Hearings, Reviews and Post-Order Proceedings

After an LTB order is issued, further proceedings may be available or required. Our legal team assists landlords with post-order matters.

Post-order proceedings may include Requests to Review an LTB order and motions to set aside an eviction order.

  • Requests to Review an LTB order
  • Motions to set aside an eviction order
  • Assistance with payment agreements and compliance
  • Enforcement of monetary orders
  • Guidance on compliance with LTB orders

Lawyer Services

Certain residential tenancy matters require the involvement of a lawyer. Gobin & Leyenson LLP’s lawyer provides legal services in matters that fall outside the permitted scope of licensed paralegals.

  • Judicial review of LTB decisions before the Divisional Court
  • Appeals from LTB orders
  • Injunctions and urgent court relief relating to residential tenancy matters
  • Advice on complex landlord-tenant matters involving multiple legal issues

Other Advocacy and Advice

In addition to LTB proceedings, our legal team provides advice and advocacy on a range of residential tenancy matters.

  • Advice on the Residential Tenancies Act, 2006 and landlord obligations
  • Lease review and guidance on standard lease requirements
  • Guidance on lawful entry, maintenance obligations and tenant rights
  • Advice on rent control and lawful rent increases
  • Assistance with LTB procedural matters and case preparation

Ready to Discuss Your Legal Matter?

Contact our office to schedule your consultation.