Ontario Landlords: Understanding the L4A Application for Ex Parte Eviction Orders (2025 Update)
Comprehensive guide for Ontario landlords on filing an L4A Application for ex parte orders when tenants breach consent orders or mediated agreements, including strict documentation requirements and proper procedures.
The L4A Application for an Ex Parte Order is a powerful tool available to Ontario landlords under the Residential Tenancies Act, 2006 (RTA). It allows the Landlord and Tenant Board (LTB) to issue an eviction order without holding a hearing, but only in specific situations — usually when a tenant has failed to comply with a mediated agreement, payment plan, or Consent Order related to rent arrears.
Because L4A orders are granted without a hearing, the requirements are strict, and the application must be completed with precision. This guide explains when an L4A can be used, what evidence is required, and the steps landlords must follow.
When an L4A Application Can Be Filed
An L4A application is permitted when:
- The landlord and tenant attended mediation or case management; AND
- A Consent Order or Mediated Agreement was issued; AND
- The agreement required the tenant to make payments or comply with specific terms; AND
- The tenant failed to meet those terms.
Typical situations include:
- Tenant failed to make scheduled arrears payments
- Tenant did not keep current with ongoing monthly rent
- Tenant breached other terms related to rent repayment
The key requirement is that the tenant agreed to the terms and that the LTB formalized this agreement.
What an Ex Parte Order Means
"Ex parte" means the order is issued:
- Without a hearing
- Without notifying the tenant first
- Based solely on the landlord's evidence
Because the tenant does not get an opportunity to respond before the order is issued, the LTB requires:
- Clear, complete, and accurate documentation
- Proof that the tenant breached the agreement
- The exact wording of the Consent Order or Agreement
If submitted properly, the LTB will issue an eviction order immediately.
What Must Be Included in an L4A Application
The application must include:
1. A Copy of the Consent Order or Mediated Agreement
This must clearly show:
- Payment schedule
- Expected behaviour or obligations
- Deadlines
- Consequences for breach
2. Proof of Breach
Examples:
- Rent ledger showing missed payments
- Bank statements or deposit records
- Communication logs
- Written confirmation from the tenant
- Any other evidence demonstrating non-compliance
3. A Fully Completed L4A Form
Errors or omissions can lead to refusal.
4. Certificate of Service (If Required)
Some ex parte applications require a certificate showing the Consent Order itself was served.
How the L4A Process Works
1. File the L4A with the LTB
The landlord submits:
- L4A form
- Copy of Consent Order / Mediated Agreement
- Proof of breach
- Filing fee
2. LTB Review
An adjudicator reviews the materials without a hearing.
3. Order Issued
If satisfied:
- An eviction order is granted immediately
- The tenant is typically given a short termination date
4. Order Served on Tenant
The landlord must:
- Serve the ex parte eviction order
- Complete a Certificate of Service
5. Tenant Option to File a Motion to Set Aside
Under the RTA, tenants may:
- File a Motion to Set Aside within a limited time
- Request a stay of enforcement
But unless the LTB grants a stay, the sheriff can proceed.
When the L4A Cannot Be Used
The L4A is not appropriate when:
- There is no Consent Order or Mediated Agreement
- The landlord and tenant only had a private agreement
- The agreement was not formalized by the LTB
- The issue relates to anything other than rent arrears
- The breach is unrelated to payment obligations
In these cases, the landlord must file the appropriate L2 or L1 application instead.
Common Mistakes That Lead to Rejection
Landlords frequently make errors such as:
- Submitting an incomplete Consent Order
- Miscalculating arrears
- Forgetting to include proof of payment history
- Failing to attach the signed mediated agreement
- Attempting to use an L4A for non-rent related breaches
Because the LTB reviews L4A filings without a hearing, even minor mistakes lead to immediate rejection.
When to Seek Assistance
The L4A is one of the most technical applications at the LTB. Professional help can ensure:
- Proper documentation
- Accurate rent breakdowns
- Correct filing
- No missing pages or attachments
- Compliance with the RTA and LTB rules
This reduces the risk of rejection and speeds up the eviction process.
Sources
- 1. Residential Tenancies Act, 2006 — Section 78
https://www.ontario.ca/laws/statute/06r17 - 2. Landlord and Tenant Board — L4A Application
https://tribunalsontario.ca/ltb/forms/ - 3. LTB Interpretation Guidelines — Guideline 5 and Guideline 7
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.