If you are evicted in Ontario, the Landlord and Tenant Board (LTB) will almost always order you to reimburse the landlord’s application filing fee (usually $186 CAD). However, the LTB rarely orders tenants to pay the landlord’s private lawyer or paralegal fees, unless your behaviour during the hearing was exceptionally unreasonable.
Facing a rent dispute or an eviction is stressful enough without the looming fear of massive legal bills. Many landlords attempt to intimidate tenants by threatening to sue them for thousands of dollars in “legal fees” if the tenant refuses to move out and forces a Landlord and Tenant Board (LTB) hearing. 📝
Fortunately, the tribunal system in Ontario is designed to be accessible to regular citizens. Unlike the Superior Court of Justice, where the “loser pays” rule often applies to expensive lawyer fees, the LTB operates under a completely different set of rules regarding cost awards.
This guide will clarify exactly what financial penalties you are legally responsible for if you lose your eviction case. We will break down the mandatory filing fees, explain the rare circumstances where legal representation costs are awarded, and discuss when you might need your own local law firm.
Step-by-Step Process in Ontario
Whether your rental dispute is taking place in London, Hamilton, Toronto, or Sudbury, the LTB adjudicators follow strict provincial guidelines when deciding who pays for what. It is important to know what the landlord can genuinely claim. 📍
Never let a landlord bully you into moving out simply by threatening to charge you for their expensive paralegal. You always have the right to a hearing.
Step 1: The Landlord Pays the Initial Filing Fee
When a landlord files an eviction application (such as an L1 for non-payment of rent or an L2 for personal use), they must pay an initial processing fee to the province. ❗
Currently, it costs the landlord $186 to file an application online through the Tribunals Ontario Portal, or $201 if they file a paper copy. The landlord must pay this out of their own pocket upfront to get the case started.
Step 2: The Adjudicator Makes a Decision
At the virtual LTB hearing, the adjudicator will listen to both sides. If you win the case and the eviction is dismissed, you do not owe the landlord anything.
If the adjudicator sides with the landlord and issues an Eviction Order, they will calculate your final debt. This debt will naturally include any unpaid rent arrears, but the adjudicator will also typically add the $186 filing fee to your total balance owed.
Step 3: Reviewing Requests for Legal Costs
Sometimes, a landlord’s legal representative will formally ask the adjudicator to award “costs” to cover their hourly paralegal or lawyer fees. The LTB almost always denies this request. 💪
The LTB will only force a tenant to pay the landlord’s private legal fees if the tenant’s conduct was considered “unreasonable, frivolous, or vexatious.” For example, if you intentionally dragged out the hearing for days with fake evidence just to delay the eviction, the LTB might penalize you with extra legal costs.
Step 4: Collection of the Debt
Once the LTB issues the final order detailing the exact amount you owe (rent arrears plus the $186 fee), that document becomes a legally binding debt.
If you move out and do not pay it, the landlord can register the LTB order with the Small Claims Court. From there, they can legally garnish your future employment wages or freeze funds in your bank account until the entire debt is cleared.
How Much Does it Cost in Ontario?
Understanding the exact financial breakdown of an LTB Eviction Order helps you plan your next steps and protects you from landlords who try to overcharge you illegally. 💰
Here is a breakdown of the typical costs an evicted tenant might be ordered to pay:
| Type of Fee / Cost | Estimated Cost (CAD) | Are You Responsible? |
|---|---|---|
| LTB Application Fee (Online) | $186 | Yes (Almost always ordered) |
| NSF / Bounced Cheque Fees | Up to $20 per cheque | Yes (If landlord claims them) |
| Landlord’s Lawyer / Paralegal | $1,000 – $3,000+ | No (Unless conduct was vexatious) |
| Sheriff Enforcement Fee | Approx. $315+ | Yes (Added if you refuse to leave) |
If you are struggling financially and managing a legitimate dispute, you should never be afraid to defend yourself at the LTB. The system is designed to prevent financial ruin over legal fees.
How Long Does the Process Take?
If you lose your eviction hearing, the adjudicator will generally issue the written Eviction Order within 14 to 30 days. This document will explicitly state the exact dollar amount you owe, including the filing fee. ⏱
You are usually expected to pay this amount immediately, or prior to the eviction date, which is typically 11 days after the order is issued.
If the landlord has to take the order to Small Claims Court to garnish your wages, that collection process can take several months to years, and the court will add post-judgement interest to your debt until it is fully paid off.
Frequently Asked Questions (FAQ)
Can the landlord write a clause in the lease making me pay their lawyer?
No. Under the Residential Tenancies Act, any clause in a lease agreement that contradicts the RTA is automatically void. A landlord cannot enforce a contract clause that says the tenant is responsible for all legal fees in the event of an eviction.
What happens to the $186 fee if I pay my rent before the hearing?
If the landlord has already filed the L1 application, paying just the rent arrears is not enough to stop the eviction. You must pay the full rent arrears plus the landlord’s $186 filing fee before the LTB will agree to void the eviction notice.
If I win the case, does the landlord pay my legal fees?
Just like landlords, tenants rarely get their private legal fees reimbursed. However, if the landlord engaged in severe harassment or brought a completely frivolous, bad-faith eviction application just to bother you, the adjudicator can order the landlord to pay a portion of your legal costs.
Can an LTB debt affect my credit score?
Yes. Once an LTB Eviction Order is finalized and the exact financial debt is established, the landlord can upload this debt to credit reporting agencies like Equifax or TransUnion, or sell the debt to a collection agency, which will severely damage your credit score.
Should I hire my own law firm for the hearing?
If you are facing an eviction that could render you homeless, or if you are disputing a complex issue like a bad faith “personal use” claim, hiring an experienced local paralegal or law firm is highly recommended. You will pay them out of your own pocket, but their expertise can save your tenancy.
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