While much attention is given to landlord mistakes at the Landlord and Tenant Board, tenant applications also fail at concerning rates—often for preventable reasons. Understanding these common pitfalls can mean the difference between securing the relief you deserve and walking away empty-handed. This comprehensive analysis of real LTB cases reveals the most frequent tenant mistakes and, more importantly, how to avoid them.
The Reality of Tenant Application Success
Tenant applications at the LTB face unique challenges. Unlike landlord applications that often involve straightforward issues like non-payment of rent, tenant applications frequently require proving complex situations like harassment, maintenance failures, or bad faith evictions. The burden of proof remains on the applicant, and many tenants underestimate what's required to build a winning case.
Mistake #1: Failing to Attend Your Own Hearing
The Problem: The most devastating mistake tenants make is not showing up to their own hearing.
Case Study: Abandoned Applications
In stanley-v-kotlyar, tenants filed an application alleging harassment, illegal entry, lock alteration, substantial interference, and withholding of vital services. However, "Tenants failed to attend the hearing, resulting in dismissal of their application." The Board found that "Tenants failed to respond to multiple attempts to contact them throughout the morning of the hearing."
The consequences were severe: "The Tenants were ordered to pay $600.00 to the Landlord for expenses related to preparation and representation at the hearing."
Similarly, in ab-and-mb-v-ad-pd-ad-and-hs, tenants applied for orders regarding harassment, illegal entry, and substantial interference. "The Tenants' application was dismissed as abandoned since they failed to attend the hearing. The Landlords were awarded $100 each in costs due to the Tenants' unreasonable conduct."
How to Avoid This Mistake:
Treat Your Hearing as the Most Important Appointment:
- Mark the hearing date in multiple calendars
- Set multiple reminders leading up to the hearing
- Arrange backup childcare or time off work well in advance
- Plan your route to the hearing location and arrive early
If You Can't Attend:
- Contact the LTB immediately if an emergency arises
- Provide medical documentation if illness prevents attendance
- Request an adjournment in advance rather than simply not showing up
- Consider hiring a paralegal to represent you if personal attendance is impossible
Understand the Consequences:
- Non-attendance typically results in automatic dismissal
- You may be ordered to pay the other party's costs
- Starting over with a new application may be impossible due to limitation periods
Mistake #2: Filing Applications Outside Limitation Periods
The Problem: Many tenant applications have strict time limits that cannot be extended.
Case Study: Missing Critical Deadlines
In sharma-v-sandhu, tenants filed a bad faith eviction application under section 57 of the RTA. The Divisional Court dismissed their appeal, ruling that "the tenants' application under s. 57 of the RTA was filed outside the one-year limitation period, which begins from the date the tenants vacated the unit."
The tenants argued "that the limitation period should only begin when they discovered the alleged bad faith in December 2017," but the court ruled that "the limitation period in the RTA prevails over the Limitations Act, 2002, and that the principle of discoverability does not apply."
In aj-v-landlord, a tenant's application was dismissed because it was "filed after the one-year limitation period had expired. The Tenant was aware of the problem and sought to terminate the tenancy as early as December 2014, but filed the application on February 29, 2016."
How to Avoid This Mistake:
Know the Key Limitation Periods:
- Bad faith eviction (T5): 1 year from the date you vacated
- Harassment/illegal entry (T2): 1 year from when the conduct occurred
- Maintenance issues (T6): 1 year from when the problem occurred
- Illegal collection of money (T1): 1 year from when money was collected
Act Quickly:
- File applications as soon as possible after issues arise
- Don't wait to see if problems resolve themselves
- Seek legal advice immediately if you're unsure about deadlines
- Document when problems first occurred to establish timeline
Understand What Starts the Clock:
- Limitation periods typically start when the conduct occurred, not when you learned about your rights
- For bad faith evictions, the clock starts when you vacate, not when you discover the bad faith
- Moving out doesn't pause limitation periods
Mistake #3: Providing Insufficient Evidence
The Problem: Tenants often fail to meet the burden of proof required for their applications.
Case Study: Weak Evidence Standards
The burden of proof in tenant applications is often higher than tenants expect. Many cases are dismissed for insufficient evidence even when tenants believe they have strong cases.
While specific tenant cases with insufficient evidence weren't detailed in our search results, the principle is clear from landlord cases that were dismissed for the same reason. The standard applies equally to tenant applications.
How to Avoid This Mistake:
Build a Comprehensive Evidence File:
- Take dated photographs of all maintenance issues
- Keep detailed written records of all incidents
- Save all communications with your landlord (emails, texts, letters)
- Obtain witness statements from neighbors or other tenants
- Keep receipts for any expenses caused by landlord failures
Document Everything in Real-Time:
- Write down incidents as they happen, including dates, times, and details
- Take photos immediately when problems occur
- Record conversations where legally permitted
- Keep a detailed log of maintenance requests and landlord responses
Prepare Professional Evidence:
- Obtain professional assessments for serious maintenance issues
- Get medical documentation if health is affected
- Collect utility bills or other records that support your claims
- Organize evidence chronologically and clearly
Mistake #4: Inadequate Preparation for Hearings
The Problem: Many tenants attend hearings without proper preparation, undermining otherwise valid claims.
Case Study: Poor Hearing Performance
In several cases, tenants' applications were weakened by inadequate preparation. While they attended their hearings, they failed to present their cases effectively.
How to Avoid This Mistake:
Prepare Your Case Thoroughly:
- Organize all evidence in chronological order
- Prepare a clear timeline of events
- Practice explaining your case concisely
- Anticipate questions and prepare answers
- Bring multiple copies of all documents
Understand the Process:
- Learn about LTB hearing procedures in advance
- Understand what you need to prove for your specific application type
- Know the legal standards that apply to your case
- Prepare opening and closing statements
Present Professionally:
- Dress appropriately for the hearing
- Speak clearly and stick to facts
- Avoid emotional arguments or personal attacks
- Listen carefully to questions and answer directly
- Bring witnesses who can provide relevant testimony
Mistake #5: Filing Incomplete or Unclear Applications
The Problem: Applications that lack specific details or fail to clearly articulate claims often fail.
Case Study: Vague Applications
In nicholas-v-reisel, "The Tenant's T2 application was dismissed due to lack of specific details, most claims being outside the one-year limitation period, and inability to substantiate harassment claims." The tenant "Filed application without sufficient details and outside limitation period."
How to Avoid This Mistake:
Provide Specific Details:
- Include exact dates, times, and locations for all incidents
- Describe specific actions taken by the landlord
- Explain how each incident affected you
- Quantify damages or losses where possible
Choose the Right Application Type:
- T1: Illegal collection or retention of money
- T2: Tenant rights (harassment, illegal entry, etc.)
- T5: Bad faith notice of termination
- T6: Maintenance and vital services
Complete All Required Sections:
- Fill out every applicable section of the application
- Attach all required supporting documents
- Pay the correct filing fee
- Serve the application properly on the landlord
Mistake #6: Misunderstanding Legal Standards
The Problem: Tenants often misunderstand what they need to prove to succeed.
Case Study: Wrong Legal Approach
Many tenant applications fail because tenants don't understand the legal standards they must meet. For example, proving "substantial interference" requires more than minor inconveniences, and proving "harassment" requires a pattern of behavior, not isolated incidents.
How to Avoid This Mistake:
Understand Key Legal Standards:
- Harassment: Pattern of behavior that substantially interferes with reasonable enjoyment
- Substantial interference: More than minor inconvenience; must significantly impact your use of the rental unit
- Vital services: Essential services like heat, water, electricity
- Bad faith: Landlord didn't genuinely intend to use the unit as claimed
Research Your Rights:
- Read the Residential Tenancies Act sections relevant to your case
- Review LTB interpretation guidelines
- Consult with tenant legal clinics or paralegals
- Study similar successful cases
Mistake #7: Poor Communication and Documentation
The Problem: Tenants often fail to properly communicate with landlords or document their attempts to resolve issues.
How to Avoid This Mistake:
Communicate Properly:
- Always put requests and complaints in writing
- Keep copies of all communications
- Use certified mail for important notices
- Follow up on verbal conversations with written summaries
Give Landlords Reasonable Opportunity to Fix Problems:
- Report maintenance issues promptly and clearly
- Allow reasonable time for repairs before filing applications
- Document landlord's response (or lack thereof)
- Keep records of any temporary solutions or workarounds
Mistake #8: Failing to Seek Professional Help When Needed
The Problem: Many tenants try to handle complex legal matters alone when professional help would significantly improve their chances.
When to Seek Professional Help:
Consider Hiring a Paralegal When:
- Your case involves complex legal issues
- Significant money or your housing is at stake
- The landlord has professional representation
- You're unfamiliar with LTB procedures
- Previous applications have been unsuccessful
- You have difficulty attending hearings due to work or health issues
Free Resources Available:
- Tenant legal clinics
- Community legal aid
- Tenant duty counsel at LTB hearings
- Online resources and guides
Mistake #9: Inadequate Follow-Up After Orders
The Problem: Even successful tenants sometimes fail to properly enforce orders or comply with their own obligations.
How to Avoid This Mistake:
After Receiving a Favorable Order:
- Understand exactly what the landlord must do and by when
- Monitor compliance with the order
- Keep records of landlord's compliance or non-compliance
- Know your options if the landlord doesn't comply
File for Enforcement When Necessary:
- Contact the LTB if landlords don't comply with orders
- Consider filing contempt applications for serious violations
- Seek legal advice about other enforcement options
Building a Winning Tenant Application Strategy
Pre-Application Checklist
Before filing any tenant application, ensure you can answer "yes" to these questions:
Evidence and Documentation:
- Do I have specific dates, times, and details for all incidents?
- Have I documented my attempts to resolve the issue with the landlord?
- Do I have photographs, receipts, or other physical evidence?
- Can my witnesses attend the hearing to testify?
Legal Requirements:
- Am I filing within the applicable limitation period?
- Have I chosen the correct application type?
- Do I understand what I need to prove to succeed?
- Have I completed all required sections of the application?
Preparation:
- Am I prepared to attend the hearing and present my case?
- Do I understand the LTB process and procedures?
- Have I organized my evidence clearly and logically?
- Do I need professional representation for this case?
During the Hearing
Present Your Case Effectively:
- Arrive early and bring multiple copies of documents
- Present evidence in chronological order
- Stick to facts and avoid emotional arguments
- Answer questions directly and honestly
Common Hearing Mistakes to Avoid:
- Don't rely on assumptions or speculation
- Don't present evidence you can't authenticate
- Don't argue with the adjudicator or opposing party
- Don't forget to explain how incidents affected you
The Cost of Losing
Failed tenant applications cost more than just filing fees:
Direct Costs:
- Lost filing fees ($53-$201 depending on application type)
- Potential cost awards to landlords
- Time off work for hearings
- Transportation and other expenses
Indirect Costs:
- Continued problems while starting over
- Missed limitation periods preventing future applications
- Deteriorated landlord-tenant relationships
- Ongoing stress and housing instability
Prevention and Early Action
The best strategy is addressing problems before they require LTB applications:
Document Everything from Day One:
- Keep detailed records of all landlord interactions
- Photograph the unit's condition at move-in and regularly thereafter
- Save all communications and notices
- Maintain a log of maintenance requests and responses
Know Your Rights:
- Understand your rights under the Residential Tenancies Act
- Learn about proper notice requirements and procedures
- Stay informed about changes to tenant protection laws
- Connect with local tenant organizations
Communicate Effectively:
- Address issues promptly and professionally
- Put all requests in writing
- Give landlords reasonable time to respond
- Escalate appropriately when problems persist
Conclusion: Success Through Preparation and Knowledge
The difference between winning and losing tenant applications at the LTB often comes down to preparation, evidence, and understanding legal requirements. The cases examined reveal clear patterns:
Successful tenants:
- Attend their hearings prepared to present evidence
- File applications within limitation periods
- Gather specific, credible evidence
- Understand the legal standards they must meet
- Communicate effectively with landlords before filing
Unsuccessful tenants:
- Fail to attend hearings or come unprepared
- Miss critical limitation periods
- Provide insufficient or unclear evidence
- Misunderstand legal requirements
- File incomplete or vague applications
The LTB system, while designed to be accessible to self-represented parties, still requires careful attention to legal requirements and evidence standards. By understanding these common failure points and taking steps to avoid them, tenants can significantly improve their chances of success.
Remember that every case is unique, and what works in one situation may not apply to another. When in doubt, seek professional advice rather than risk a costly failure. The investment in proper preparation and professional guidance is often far less than the cost of continued problems or a failed application.
Your rights as a tenant are only as strong as your ability to enforce them. By avoiding these common mistakes and following best practices, you can protect your housing and achieve the outcomes you need to maintain a safe, habitable home.
The key to success at the LTB isn't just having a good case—it's being able to prove your case according to the Board's standards. Take the time to prepare properly, gather strong evidence, and present your case professionally. Your home and your rights depend on it.
