Brochure: Issues a Tenant Can Raise at a Hearing about a Landlord’s Application for Non-Payment of Rent

Introduction

When a landlord files an application against a tenant for non-payment of rent (an L1 or L9 Application), a hearing is scheduled. At the hearing, the tenant can raise any issues that they could have raised had they filed their own application with the LTB. These are often called “Section 82 issues”, referring to the section of the Residential Tenancies Act that allows for this. Examples of issues a tenant can raise include maintenance problems or harassment by the landlord. Consult the Renting in Ontario webpage for a list of common tenant concerns.

If the tenant wants to raise these types of issues at the hearing, they must provide a description of their issues and a copy of all their evidence to the landlord and the LTB at least 7 days before the hearing.

If the landlord’s application was filed on or after September 21, 2026, the tenant must also pay the landlord at least half of the rent arrears claimed in the landlord’s application. This payment cannot be made to the LTB.

After the hearing, the LTB adjudicator will address both the tenant’s issues and the landlord’s claim for rent in a single decision (also called an order). If the adjudicator finds that the tenant has proven their issues, the order can include remedies requested by the tenant, such as a rent rebate (called an “abatement”) or ordering the landlord to complete repairs.

Information for Tenants

If you are the tenant and you want to raise other issues at the hearing about a Landlord’s Application for Non-Payment of Rent (also called an L1, L9 or L10 application), you must provide all requested information.

At least seven days before the hearing, you must:

• Give the landlord and the LTB a written description of each issue. For help, refer to the Issues a Tenant Intends to Raise at a Rent Arrears Hearing Form.
• If the landlord’s application was filed on or after September 21, 2026, you must pay the landlord at least half of the rent arrears claimed in the landlord’s application. You cannot pay this amount to the LTB in trust. Be sure to get a receipt for any payments you make to the landlord.
• Give the landlord and the LTB a copy of all documents, pictures, and other evidence you plan to use at the hearing . Instructions about how to give your documents to the LTB can be found in the Notice of Hearing. For more information, read the Practice Direction on Evidence.

If the tenant does not provide the landlord and the LTB with a description of their issues and pay the landlord half of the rent arrears claimed in the application at least 7 days before the hearing, the tenant will not be permitted to raise these issues during the hearing. These requirements cannot be waived except where required by the Human Rights Code. The LTB has an optional form that tenants can use to help them describe each issue: Issues a Tenant Intends to Raise at a Rent Arrears Hearing. The tenant receives this form with their Notice of Hearing.

For more information on how to prepare and serve evidence see the Practice Direction on Evidence.

Information for Landlords

If a tenant provides their landlord with a description of the issues they want to raise during the L1 or L9 hearing and supporting evidence, the landlord must provide the tenant and the LTB with any responding documents and evidence at least 5 days before the hearing.

Learn More

• Important Information About Your Hearing
• If a Tenant Does not Pay Rent

Contact the Landlord and Tenant Board