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Landlord Services
My Tenant Filed a T2 Application Against Me — What Should I Do?
What Is a T2 Application?
A T2 is a Tenant Application About Tenant Rights that a tenant can file with the Landlord and Tenant Board when they allege that a landlord, superintendent, or landlord's agent has interfered with certain rights under Ontario's Residential Tenancies Act.
A T2 application can involve allegations concerning entry into the rental unit, harassment, interference with reasonable enjoyment, changing locks, withholding vital services, or other conduct that the tenant alleges violated their rights.
Receiving a T2 does not mean the allegations have been proven. The landlord has an opportunity to respond to the claims and present evidence at the Landlord and Tenant Board.
My Tenant Filed a T2 Against Me. What Should I Do?
Start by carefully reviewing each allegation in the application. Identify what the tenant says happened, when it allegedly occurred, who was involved, and what remedy the tenant is asking the LTB to order.
Then begin preserving the records relevant to those allegations.
Depending on the issues raised, useful evidence may include:
Emails and text messages with the tenant
Notices of entry and proof of delivery
Maintenance and repair records
Photographs or videos
Property management records
Witness information
Contractor or superintendent records
Rent and tenancy records
A chronology of the events in dispute
Don't wait until shortly before the hearing to start putting the file together. A clear chronology and organized evidence can make it considerably easier to respond to the tenant's allegations.
What Can a Tenant Ask the LTB to Order?
A tenant filing a T2 application can ask the Landlord and Tenant Board for a variety of remedies depending on the allegations being made.
These may include:
A rent abatement
Compensation for certain expenses or losses
An order requiring the landlord to stop particular conduct
An order concerning access to the rental unit or changing the locks
Termination of the tenancy
An administrative fine
Other remedies the LTB considers appropriate in the circumstances
The remedies available will depend on the specific allegations, evidence, and circumstances of the case.
What If the Allegations Aren't True?
A T2 application contains the tenant's allegations. Receiving the application does not mean those allegations have been proven.
If you disagree with the tenant's version of events, identify the evidence that supports your account.
For example, if the tenant alleges that you entered the unit improperly, your records might include notices of entry, proof that notice was delivered, communications with the tenant, maintenance records, or evidence explaining why the entry occurred.
The evidence required will depend on what the tenant has alleged.
How Should I Prepare for a T2 Hearing?
Read the application carefully and address each allegation separately.
Create a chronology of the relevant events and organize your documents so that you can clearly explain what happened and support your position with evidence.
Consider:
What exactly is the tenant alleging?
When did each alleged incident occur?
Who was present?
What communications exist?
What documents support your version of events?
Are there witnesses with relevant evidence?
What remedies is the tenant requesting?
Good preparation isn't simply collecting documents. The evidence should be organized so that it relates clearly to the issues the LTB will be asked to decide.
Common Mistakes Landlords Make When Responding to a T2
Landlords can make responding to a T2 more difficult when they:
Ignore the application until shortly before the hearing
Delete or lose relevant emails and text messages
Fail to preserve notices of entry or proof of delivery
Respond emotionally rather than focusing on the allegations
Arrive with large amounts of unorganized evidence
Assume the tenant has no case without reviewing the evidence
Continue conduct that is already the subject of the application
Taking the application seriously from the beginning can help you prepare a more organized response.
Frequently Asked Questions
Does receiving a T2 mean I've done something wrong?
No. A T2 contains allegations that will need to be determined by the Landlord and Tenant Board based on the applicable law and evidence.
Can I represent myself at a T2 hearing?
Landlords can represent themselves at the LTB, but they may also choose to retain an authorized legal representative to prepare for and attend the hearing.
What evidence should I bring to a T2 hearing?
That depends on the allegations. Relevant evidence might include emails, text messages, notices of entry, photographs, videos, maintenance records, tenancy documents, witness evidence, and other records connected to the events in dispute.
What if my property manager or superintendent was involved?
Preserve records relating to their involvement and determine what evidence they may have about the allegations. A T2 can involve conduct alleged against a landlord's superintendent or agent as well as the landlord.
Can Cordaie represent me in a T2 application?
Yes. Cordaie Paralegal Services can assist Ontario landlords with preparing and organizing their evidence and representing them before the Landlord and Tenant Board.
Need Help With a T2 Application?
If your tenant has filed a T2 application against you, contact Cordaie Paralegal Services. We'll review the allegations, help you prepare and organize your evidence, and represent you before the Landlord and Tenant Board.
We assist Ontario landlords with:
T2 tenant-rights applications
Evidence preparation and organization
LTB hearing preparation
Landlord and Tenant Board representation
Tenant allegations and disputes
Ontario-wide virtual representation
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