Ontario tenants sometimes put their departure in writing, either by serving the landlord an N9 or by signing an N11 with the landlord. Either document lets the landlord apply to the Landlord and Tenant Board (LTB) on an L3 for an order that can be enforced if the tenant changes their mind and stays. The Board normally rules ex parte: the tenant is not told, and nobody appears. That is quick, but it also means a defect in the paperwork has no hearing to be explained at.
Summary
| Filed by | A landlord holding a signed N9 or a signed N11 |
| Earliest | The day the document is signed or served; no need to wait for move-out day |
| Latest | Day 30 after the end date written in the document (RTA s. 77(3)); the order can never take effect before that end date (s. 77(5)) |
| Route | The Portal is the listed route; the instructions also mention mail and courier. Tenants learn of it only once the order exists |
| Cost | $186 online, $201 otherwise; no refunds |
| Next | Nothing from the landlord; the tenant may challenge within 10 days |
Where the L3 comes from
Section 77(1) of the RTA covers two situations in which a landlord may seek termination and eviction without giving the tenant notice of the application:
| Situation | Usual document |
|---|---|
| Both sides agreed in writing that the tenancy will end | N11 (Agreement to End the Tenancy) |
| The tenant served a termination notice | N9 |
An affidavit backing up the document must accompany the application (s. 77(2)), though under s. 192.1 and Rule 1.5 a signed declaration can stand in for it. Under s. 77(4) the Board can then grant eviction with no hearing.
Two things the L3 will not do. First, it recovers no money; arrears and damage claims belong on an L1, L2 or L9 during the tenancy, or on an L10 afterwards. Second, it cannot save a document the Act strikes down. An agreement or tenant's notice that was signed as part of entering into the lease or as a requirement for getting the unit is void (RTA s. 37(4)–(5)), subject to limited student-housing exceptions (s. 37(6)–(7)).
Right form or wrong form?
Good fit: a genuine N9 or N11, signed after the tenancy was already running, and a landlord who wants an enforceable order as insurance.
Poor fit:
- The landlord gave the notice. Any N5, N6, N7, N8, N12 or N13 leads to an L2; an N4 leads to an L1.
- Lease wording, or paperwork signed at move-in. Section 37(5) voids it.
- Only a conversation. A tenant's notice has to be on the approved form, describe the unit, state the end date and carry a signature (RTA s. 43(1)), and an agreement is filed as a copy (O. Reg. 516/06, s. 53). Words alone leave nothing to file.
- A tenant in a hurry. An N9 for a monthly tenancy needs 60 days or more and an end date on the last day of a rental period, subject to some February and March exceptions (s. 44). To go sooner, sign an N11 instead: s. 37(3) allows the parties to choose any date by agreement.
Timing
| Point in time | Rule |
|---|---|
| First day to file | As soon as the N9 is served or the N11 signed (L3 Instructions, Section A) |
| Last day to file | 30 days past the document's end date (RTA s. 77(3)); a statutory limit the Board cannot extend (O. Reg. 516/06, s. 56). The form says the same thing in plain words |
| Order takes effect | Not before the document's end date (s. 77(5)); the Board cannot shorten this either (s. 56) |
| Tenant can challenge | Up to 10 days from issue of the order (s. 77(6)) |
| Supporting uploads | With the application on the Portal, or within 5 calendar days (Rules 4.4–4.5) |
Example. An N11 is signed on January 12, 2027, with March 31, 2027 as the end date. Filing can happen that same day. The final filing day is April 30, 2027. If the Board issues the order on February 8, 2027, it still only takes effect from March 31, and the tenant's challenge period closes on February 18, 2027.
Filling it in
The current paper version is v. 01/04/2022: three parts, then a declaration page and a Payment Information Form. The LTB did not replace it on September 21, 2026.
First part: who and where. Give the unit's full address, with unit number and postal code (street type and direction have their own boxes). Then the landlord's details, including any company, phone and email; more landlords go on a Schedule of Parties. Then each tenant, spelled as on the N9 or N11, plus a mailing address only where it is somewhere other than the unit. Finally, any open LTB files about the unit, by either side, under Related Applications.
Part 2 (Reason). One shaded box: the tenant gave notice, or the tenant agreed. Below it, copy the end date from the document exactly.
Part 3 (Signature). Landlord or legal representative signs and dates; representatives add name, LSO number and contact details.
Declaration. The attached declaration states the contents are complete and accurate and recognizes that false or misleading statements are an offence (RTA s. 234). Section C of the instructions lists what the declaration or affidavit should cover:
- the date the lease or tenancy began;
- the end date the document sets;
- when the tenant signed, and everyone who signed;
- confirmation that it was not signed when the tenancy agreement was made; and
- for an N11, confirmation that nothing later amended or superseded it.
The Board's stand-alone Declaration and Affidavit forms work too. Affidavits must be sworn or affirmed before a commissioner.
Paying. On paper: money order or certified cheque payable to the "Minister of Finance", or a credit card. On the Portal: debit or credit card.
Online filing. The Portal covers the same questions and makes you upload the N9 or N11 and the declaration. The draft locks at "Ready to Submit", so review first. Tribunals Ontario does not publish a screen-by-screen guide; the on-screen prompts lead the way.
The filing package
An L3 lacking any of these four is refused (Rule 6.10; instructions, Section C):
- the L3 itself;
- a copy of the N9 or N11;
- a declaration (signed) or affidavit (sworn) confirming the document; and
- payment, or an approved Fee Waiver Request.
The LTB forms page names the Portal as the L3 filing route ($186). Mail and courier are described in the instructions ($201). Law Society licensees are limited to the Portal.
Seven ways an L3 goes wrong
- Too late. Past day 30, s. 77(3) bars the application with no possibility of extension; it is dismissed, and a fresh N9 or N11 would be required.
- Signed with the lease. Section 37(4)–(5) voids it. If the tenant proves that on a motion, the order falls under s. 77(8)(a), because there never was a valid notice or agreement.
- Declaration missing or incomplete. No declaration, no processing. A declaration silent on when the document was signed (relative to the start of the tenancy) invites a successful challenge.
- The N9 or N11 itself not attached. O. Reg. 516/06, s. 53 requires the agreement copy, and the instructions require the notice copy.
- Mismatched end dates. What the application says must match the document, because the Board uses that date both for the 30-day check and for when the order can bite.
- A co-tenant who never signed. One tenant's signature may not end another tenant's tenancy, and the Board has published nothing on it. Have them all sign.
- A defective N9. Short notice under s. 44, a missing signature or a missing date all give the tenant something to argue. Use an N11 when timing is tight.
Once the order issues
Normally it arrives without any hearing and takes effect on the end date or later. If the tenant has not left, the landlord takes the order to the Court Enforcement Office (Sheriff) no later than six months after its effective date (RTA s. 81).
If you are the tenant
You may first learn about the L3 when the order arrives. You then have 10 days from the date it was issued to file a motion to set it aside (s. 77(6)). That filing puts the order on hold automatically (s. 77(7)). Copies of your motion, the Notice of Hearing and the stay must go to the Court Enforcement Office immediately (Rule 25.1), and Rule 5.11 requires the motion to be served on the landlord 48 hours or more before it is heard.
The Board has three options at that hearing (s. 77(8)):
- (a) cancel the order because no agreement or notice actually existed;
- (b) cancel it because the regulation's test is satisfied; or
- (c) end the stay, now or from a set future date.
The test under (b), since September 21, 2026. Section 8.2(1) of O. Reg. 516/06 lets the Board cancel the order only when, looking at everything, it is satisfied cancelling "would not be unfair." Section 8.2(2) adds a limit: anything that changed in the tenant's life after signing the N11 or serving the N9 is off the table. Failing to find a new apartment afterwards is not enough on its own. Arguments about whether the document was valid in the first place, such as being signed with the lease, remain open.
Landlords answering the motion should come with the original signed N9 or N11, proof of when and how it was signed, and anything showing the tenant's situation at that time.
Recent changes
- September 21, 2026: new s. 8.2 of O. Reg. 516/06 (made by O. Reg. 241/26) created the "would not be unfair" test for cancelling an L3 order and excluding changes in the tenant's circumstances that came after signing. The L3 form (v. 01/04/2022) was left off the list of forms replaced that day, so the November 30, 2026 old-version cut-off does not reach it.
Frequently asked questions
Does the landlord have to wait until move-out day to file?
No. Filing can happen once the N9 is served or the N11 signed; the order just will not take effect before the end date.
Is there a hearing?
Not usually. The Board decides without notifying the tenant. A hearing is held only on a tenant's set-aside motion brought within 10 days.
What if the N11 was signed at the same time as the lease?
It is void under RTA s. 37(5), subject to narrow student housing exceptions, and cannot support an L3.
Can a tenant cancel the order because the move fell through?
That reason alone will not do. From September 21, 2026, changes in the tenant's circumstances after the N11 or N9 cannot be considered; the order is cancelled only if that would not be unfair, assessed without regard to those later developments.
Does the affidavit need a lawyer?
No. Rule 1.5 allows a signed declaration instead, provided it states the contents are true and accepts that a false declaration is an offence.
Official sources
- Form L3 and L3 Instructions
- N11 – Agreement to End the Tenancy
- Residential Tenancies Act, 2006, ss. 37, 43, 44, 77, 81, 192.1
- O. Reg. 516/06, ss. 8.2, 53, 56
- LTB Rules of Procedure
- LTB Operational Update, September 21, 2026
- LTB Forms, filing and fees