Fatal Errors at the Landlord and Tenant Board (LTB)
I recently watched numerous cases get dismissed in a single day at the LTB because of small but critical errors in the paperwork. It was striking to see how quickly a case could be derailed — not because of the facts or the evidence, but because of a technical mistake. At the LTB, these kinds of mistakes are often called 'fatal errors,' meaning the application can be dismissed or delayed regardless of the merits of the case. For both landlords and tenants, understanding what qualifies as a fatal error is essential. With the right guidance, many of these setbacks can be avoided before they ever reach a hearing room.
What is a Fatal Error?
A fatal error is a serious defect in the application or notice that prevents the LTB from moving forward. Unlike minor technical issues, these errors cannot simply be corrected at the hearing. They usually require the party to start over, costing both time and money.
Common Fatal Errors at the LTB
Incorrect or Incomplete Notice
Landlords must use the proper LTB forms (e.g., N4, N12, N5).
Missing details such as the full address, unit number, or termination date often make a notice invalid.
If the notice is not served properly (wrong method or insufficient time), the eviction application will usually be dismissed.
Wrong Party Named
The application must clearly identify the legal landlord and tenant.
Using nicknames, former tenants, or management company names (instead of the legal landlord) can be a fatal defect.
Incorrect Termination Dates
Termination dates on notices must comply with the Residential Tenancies Act, 2006 (RTA).
Even being one day off can make the notice invalid.
Improper Service
Notices and applications must be served using LTB-approved methods (e.g., personal service, mail, email with consent).
Posting a notice on a door or sliding it under without proper authorization is not valid service.
Failure to Pay Filing Fees
An application is not considered properly filed until the fee is paid. A missing payment is a fatal error.
Why Fatal Errors Matter
If the LTB finds a fatal error, the application will usually be dismissed without a hearing. For landlords, this means starting over and losing months of rent. For tenants, it could mean losing the chance to raise important issues in time.
Avoiding Fatal Errors
The rules may seem straightforward, but they are applied strictly. Many self-represented parties are surprised when their cases are dismissed for technical reasons. Hiring a legal representative can ensure your documents and notices are completed and served properly from the start, reducing the risk of dismissal.
*This content is for general information, not legal advice
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