Ontario landlords use the L4 when a tenant breaks a condition set by an earlier Landlord and Tenant Board (LTB) order or LTB-mediated settlement, provided that order or settlement says the landlord can apply for eviction on that kind of breach. The application is decided ex parte, the same way an L3 is: in the normal course the Board issues an eviction order with no hearing and no advance word to the tenant. Everything depends on the earlier order or settlement having been written to allow it. Tenants who find themselves on the receiving end have a short window to push back, explained below.

Key facts
Applicant The landlord from a prior eviction file that ended in a Board order or Board-mediated settlement containing conditions plus an s. 78 clause
What sets it off A missed condition
Clock Apply inside 30 days of the default (RTA s. 78(5)). Skip the new termination notice; none is needed
Filing Portal (the instructions also list ServiceOntario, courier and mail). Tenant gets no advance notice
Cost $0 on the Portal; no paper fee is published, since the Board classes it as a Portal form
Next step Landlord: none. Tenant: a set-aside motion, 10-day window

Under RTA s. 78(1), the landlord can go straight to the Board for eviction, tenant uninformed, once all three conditions below exist:

  • An earlier case. There was a prior landlord application seeking termination or eviction.
  • The right kind of outcome. It was resolved either by a Board order or by Board mediation under s. 194, and the result:
  • imposed terms on the tenant that, if broken, would revive the same grounds for ending the tenancy, and
  • expressly let the landlord use s. 78 on a default.
  • A breach. At least one term has gone unmet.

Consent orders under s. 206 based on a Payment Agreement cannot terminate the tenancy by themselves, but s. 206(3.1) lets them carry a clause opening the door to s. 78 if payments stop.

Asking for money as well

Sections 78(3) and (7) allow a money claim alongside eviction in two cases:

  • Reason 2 is for a prior L1 whose outcome obliged the tenant to pay rent or arrears. Recoverable: settlement money not paid, post-order rent, fresh NSF charges, and compensation by the day.
  • Reason 3 is for a prior L2 damages claim whose outcome obliged the tenant to pay for damage. Recoverable: the damage money not paid, plus related charges.

A rent deposit and its interest get credited (s. 78(8)). Under s. 78(7.1) the Board can also cancel the old order and direct payment of the balance left on it.

When the L4 fits, and when it doesn't

Two boxes need ticks: a breached condition in the prior order or Board-mediated settlement, and wording in that same document authorizing s. 78.

It does not fit in these cases:

  • A private deal. Only Board orders and settlements "agreed to under section 194" (Board mediation) are covered. Texts, emails and side letters between the parties are not; start over with a fresh notice.
  • No s. 78 clause. No clause, no L4. For a s. 206 payment-agreement order missing the clause, s. 206(4) and (6) allow a request to reopen instead, due 30 days after the default.
  • A condition unrelated to the original grounds. The term that was broken must tie back to the grounds in the first application.
  • New money the first case never claimed. No arrears claim in a prior L1 means no Reason 2; no damage claim in a prior L2 means no Reason 3.

Time limits

Clock Length Source
Landlord files the L4 Within 30 days of a failure to meet a condition; the Board cannot extend this statutory deadline RTA s. 78(5); O. Reg. 516/06, s. 56
Portal uploads (the declaration and the order or settlement) At filing, or no later than 5 calendar days after Rules 4.4–4.5
Tenant's motion to set aside 10 days from the order s. 78(9)

The instructions frame it as a breach "within the past 30 days". Day one of the count is the day after the missed due date. Example: a settlement requires $350 on the 15th of each month. The April 15, 2026 instalment is not paid. Thirty days after April 15 is May 15, 2026, the last day to file.

Several missed payments. Section 78(5) counts from "a failure". The Board has published no guidance on whether a later missed instalment restarts the 30 days after an earlier default went unanswered. Play it safe and treat the first missed payment as the one that starts the clock.

Completing the L4

Use v. 01/04/2022: eight pages, Declaration included. The September 21, 2026 form replacement passed it by; only the instructions changed that day.

Part 1 – General Information

Unit address, landlord and tenants, all exactly as they appear in the earlier order. Any open related files go under Related Applications by number.

Part 2 – The earlier application

Two items: the earlier case's file number (from its order or mediated settlement) and the date of that order or settlement.

Part 3 – Reasons

Reason 1 stands alone. Reasons 2 and 3 can be combined.

  • Reason 1 – possession of the unit only.
  • Reason 2 – possession, plus rent and charges (prior L1 cases).
  • Reason 3 – possession, plus damage money and charges (prior L2 cases with a damages claim).

The amount owing (Reasons 2 and 3) is worked out in five steps:

  1. Begin with what the order or settlement told the tenant to pay in total.
  2. Subtract the tenant's payments on it.
  3. Add any post-order NSF charges; O. Reg. 516/06, s. 17 limits the administration fee to $20 a cheque.
  4. (Reason 2 only) Add post-order rent that is still outstanding.
  5. Total.

The Board's monetary limit is $50,000.

The current rent box asks for the amount and payment frequency. With Reason 3 as your only money ground, also indicate if this month's rent was paid in full.

Part 4 – Signature

Landlord or legal representative signs and dates; a representative also supplies a Law Society number and contact details.

The Declaration (pages 5–8)

This is where an L4 is won or lost. Any section you don't need gets crossed through and initialled.

  • Section A (every application): name, municipality, and then every term breached in the past 30 days, with the specifics of the breach. A good entry reads like this: "Paragraph 3 required $350 on April 15, 2026. Nothing was paid on or after that date."
  • Section B (Reasons 2 and 3): a period-by-period list of rent owing since the order or settlement, with any NSF and administration charges since. "N/A" if none.
  • Section C (Reasons 2 and 3): deposit amount, collection date, and the most recent interest period. "N/A" if you took no deposit.
  • Section D (Reasons 2 and 3):
  • the order or settlement date;
  • the arrears it required, with the end date of the period they cover;
  • any damages, NSF charges and filing fee it required; and
  • a table of every single payment received since, showing date, amount and purpose.
  • Section E (every application): signature and date, confirming truth and completeness. RTA s. 234 makes a false statement an offence.

Only Reason 1? Do A and E. Any money reason? Do A through E.

Filing on the Portal. Same information, same attachments, entered online. Once you hit the "Ready to Submit" page the draft locks, so proofread first. No screen-by-screen guide to the Portal exists from Tribunals Ontario; go by its prompts.

Submitting it

The package has three parts, and the Board refuses an incomplete one (see RTA s. 78(2), Rule 6.10 and Section E of the L4 Instructions):

  • the finished L4;
  • the earlier order or Board-mediated settlement; and
  • a signed Declaration (a sworn affidavit also works) explaining the breach, term by term, and adding the s. 78(4) particulars for any money claim.

The Board's fee table puts the Portal price at $0. Paralegals and lawyers licensed in Ontario are required to file there.

Where L4 applications fail

  1. Missing the 30 days. It is final. Let it slip and the likely road back is a brand-new notice.
  2. No s. 78 term. Without express permission in the order or settlement, the Board cannot grant an L4, and on a set-aside motion s. 78(11)(a) forces the order to be set aside whenever any s. 78(1) element is absent.
  3. The settlement was never mediated by the Board. Putting a private deal in writing does not cure that.
  4. A declaration with no detail. "Breached the agreement" tells the Board nothing. Section 78(2) asks which term and how it was broken: cite the paragraph, the date it fell due, and the shortfall or missing step.
  5. Payments missing from Section D. An omitted payment makes the debt look bigger than it is, hurts your credibility at any set-aside motion, and risks being treated as misleading.
  6. The wrong reason. Money grounds track the original case: Reason 2 for L1 outcomes, Reason 3 for L2 damage claims. An L2 settlement built on an N5 cannot support an arrears claim.
  7. Documents not filed. Missing the order, the settlement or the declaration gets the application refused, and Portal uploads more than 5 days late can trigger an administrative dismissal (Rule 4.5).
  8. Taking money after the default without a plan. Whether partial payments taken after a default affect an L4 is not addressed in any published Board guidance. Log each one in Section D, and get advice before accepting money you don't intend as a cure.

What comes next

For the landlord

Normally the Board simply issues the order, no hearing (s. 78(6)), plus a s. 78(7) payment order where money was sought. To enforce it, take the eviction order to the Sheriff (Court Enforcement Office) no later than six months after its effective date (RTA s. 81).

For the tenant: the set-aside motion

If you are the tenant, s. 78(9) gives you 10 days from the date the order issues to file a motion asking the Board to cancel it (and any payment order). Once filed, the motion freezes enforcement (s. 78(10)). You must then get the motion and the stay to the Sheriff's office (Rule 25.1), and serve the landlord with the motion no less than 48 hours ahead of the motion hearing (Rule 5.11).

After hearing the motion, the Board must choose one of three outcomes (s. 78(11)):

  • (a) cancel the order where an s. 78(1) element was missing;
  • (b) cancel it where, looking at all the circumstances, it is satisfied that cancelling "would not be unfair"; or
  • (c) end the stay, effective now or on a set future date.

After a cancellation under (b), s. 78(12) lets the Board rewrite the original order or settlement, such as by setting fresh payment dates.

About the 2026 change. O. Reg. 516/06, s. 8.2 now blocks the Board from weighing a tenant's post-agreement or post-notice change in circumstances, but only for L3 orders made under s. 77. L4 motions are untouched, and s. 78(11)(b)'s broad "all the circumstances" test still governs them. Landlords should come with the payment history and an explanation of why setting the order aside would be unfair to them; tenants should come ready to explain the circumstances.

Recent changes

  • September 21, 2026. Revised instructions were published. Because the v. 01/04/2022 form itself was not replaced, the November 30, 2026 retirement date for outdated forms has no effect on it.
  • July 1, 2026. Two changes: s. 206 repayment plans must now use the Board's Payment Agreement form, and orders dated on or after July 1 can be reviewed only if the request comes within 15 days (down from 30). Landlords who may want an L4 later should check that both the agreement and the consent order include s. 78 wording.

FAQ

How quickly must an L4 be filed?

Inside 30 days of the breach. That limit is fixed and the Board cannot lengthen it.

Is the tenant heard before the order?

No, not in the usual case; the order issues with no notice to the tenant. A hearing happens only on a set-aside motion brought in the 10-day window.

What does it cost to file?

Filed on the Tribunals Ontario Portal, the L4 is free according to the LTB fee table.

The landlord and tenant made their own deal. Is an L4 available?

No. Section 78 covers only an LTB order or a Board-mediated settlement, and only one that has a term permitting an s. 78 application on default.

Can the missed payments be claimed in the same application?

Yes, if the tenant was ordered (or agreed, through Board mediation) to pay, and the first case was either an arrears L1 (Reason 2) or a damage L2 (Reason 3). You then fill in the amount calculation and declaration Sections B, C and D.

Official sources