Ontario Landlords: A Complete Guide to the L8 Application for Ending a Tenancy After a Tenant Breaches an Order or Agreement (2025 Update)
Comprehensive guide for Ontario landlords on filing an L8 Application when tenants breach LTB orders, consent orders, or mediated agreements, including evidence requirements and hearing procedures.
Table of Contents
The L8 Application to End a Tenancy and Evict a Tenant is used when a tenant has failed to meet terms set out in a previous Landlord and Tenant Board (LTB) Order, Consent Order, or mediated agreement. This application is authorized under section 78 of the Residential Tenancies Act, 2006 (RTA).
The L8 is different from applications like the L1 or L2 because the landlord is not alleging new issues — the landlord is alleging that a previously ordered set of conditions has been breached, and therefore the eviction should proceed.
When an L8 Application Can Be Filed
Landlords may file an L8 when:
- A previous LTB Order or mediated agreement required the tenant to meet specific conditions, such as:
- Paying rent arrears on a schedule
- Keeping rent current
- Complying with certain conduct terms
- The tenant failed to meet those conditions, and
- The Order or agreement specifically allows the landlord to file for eviction if conditions are breached.
An L8 typically follows:
- A section 78 Conditional Order, or
- A Consent Order, or
- A mediated settlement approved by the LTB
The breach must be clear and supported by documentation.
What the L8 Application Can Achieve
If the LTB accepts the L8, it can issue:
- An immediate eviction order, or
- A conditional order giving the tenant one more chance
- A monetary order for arrears still outstanding
- Any additional amounts allowed under the RTA
The scope of the order depends on what the original Order or agreement stated.
What Must Be Included in an L8 Application
The L8 is evidence-heavy. It must include:
1. A Copy of the Previous Order or Mediated Agreement
This is the foundation of the application and must include:
- All pages of the Order
- Terms the tenant agreed to
- Payment schedules
- Consequences for failing to comply
2. Proof of the Tenant's Breach
Depending on the case, this could include:
- Rent ledgers
- Payment history
- Bank deposit slips
- Communication records
- Incident reports (for behavioural conditions)
3. Proof of Ongoing Rent Obligations
If the agreement required the tenant to keep rent current, the landlord must provide:
- Monthly ledger
- Receipts for payments received
- Evidence of missing payments
4. Completed L8 Form
All information must match the original Order.
5. Filing Fee
Required upon submission.
Serving the Tenant After Filing
After the L8 is filed, the LTB will issue:
- A Notice of Hearing
- A copy of the L8 application
These must be served on the tenant using an approved method under RTA section 191, such as:
- Personal service
- Mail or courier to the rental unit
- Email (only if consent was previously given in writing)
The landlord must keep proof of service.
What Happens at the L8 Hearing
The LTB Member will consider:
1. Whether the previous Order or agreement was valid
It must be specific and enforceable.
2. Whether the landlord proved the breach
Rent ledgers must be accurate and up-to-date.
3. Whether the breach is substantial
For example:
- Missing one small payment may not justify eviction
- Multiple missed payments often do
4. Whether the tenant has a valid explanation
Tenants may argue:
- Payment was made but not processed
- Landlord miscalculated balance
- The Order was unclear
- Extraordinary circumstances prevented compliance
5. Whether eviction is appropriate
The LTB may:
- Issue an eviction order
- Adjourn the hearing
- Modify the conditions
- Give the tenant one final chance
Common Mistakes That Lead to L8 Dismissal
The most frequent errors include:
- Failing to attach the original Order
- Incorrect or outdated rent ledgers
- Incomplete proof of breach
- Claims outside the scope of the original Order
- Mathematical inconsistencies
- Filing too soon (before the breach is clear)
- Filing when the original conditions were not properly explained to the tenant
The LTB requires clear, organized documentation.
When to Seek Professional Assistance
Because L8 applications rely heavily on procedural accuracy and strict compliance with the previous Order, landlords often seek help to:
- Confirm the Order permits an L8
- Prepare a complete evidence package
- Correctly calculate arrears
- Ensure the tenant was notified properly
- Present a strong case at the hearing
A well-prepared L8 improves the likelihood of a fast, enforceable eviction.
Sources
- 1. Residential Tenancies Act, 2006 — Sections 74, 77, 78
https://www.ontario.ca/laws/statute/06r17 - 2. Landlord and Tenant Board — L8 Form
https://tribunalsontario.ca/ltb/forms/ - 3. LTB Interpretation Guidelines — Guideline 7 (Settlements and Conditional Orders)
https://tribunalsontario.ca/ltb/guidelines/ - 4. LTB Rules of Procedure
https://tribunalsontario.ca/ltb/rules/
This article is for informational purposes only and does not constitute legal advice.