L4 Application: Evicting After a Broken Settlement or Order

When a tenant breaks the repayment plan that settled your arrears case, you don't start over — the L4 is the fast lane. This guide covers the section 78 prerequisites, the 30-day window, the ex parte order, and the set-aside process that can follow.

No settlement or order yet? The L4 only exists downstream of a prior case. For unpaid rent the sequence starts with an N4 notice and an L1 application.

What Is the L4 Application?

The L4 — officially "Application to End a Tenancy and Evict a Tenant — Tenant Failed to Meet Conditions of a Settlement or Order" — is the LTB application under section 78 of the Residential Tenancies Act. Its point is speed: because the tenant already had their hearing (or agreed to a mediated settlement), a breach of the agreed conditions lets the landlord ask for an eviction order without a new hearing and without notice to the tenant.

The Prerequisites — All Three Must Hold

  • A previous LTB application (e.g. an L1 for arrears) that ended in an LTB-mediated settlement or an order with conditions.
  • That settlement/order contains a section 78 clause — a term allowing this application if the tenant breaches.
  • The breached condition relates to the original grounds — after an L1, that means the arrears/repayment conditions (a missed instalment), not unrelated terms.

The 30-Day Window

The L4 must be filed no later than 30 days after the tenant failed to meet the condition. The clock runs from the breach — the missed payment date, not from when you noticed. A ledger that flags a missed instalment the day it happens is what keeps this deadline safe; 30 days evaporates quickly.

What to File (the LTB Refuses Incomplete L4s)

  • The completed L4 form
  • A copy of the mediated settlement or order containing the s.78 clause
  • A declaration setting out which conditions the tenant failed to meet, and how

File on the Tribunals Ontario Portal (or by mail/courier). Check the LTB's current fee schedule when filing.

Ex Parte Order — and the Set-Aside

A valid L4 can produce an eviction order ex parte — issued on the papers, no hearing, no notice to the tenant. The balance comes afterward: the tenant can file a motion to set aside the order (the deadline appears on the order itself), which suspends enforcement and leads to a hearing on the motion. Expect to prove the breach there: the settlement terms, the payment schedule, and a ledger showing exactly which instalment was missed and when.

The Scenario That Actually Happens

The typical path: rent goes unpaid → the landlord serves an N4 → files an L1 → at (or before) the hearing, the parties sign an LTB-mediated repayment plan with a s.78 clause → the tenant misses instalment three → the landlord files the L4 within 30 days of that missed payment and obtains an ex parte eviction order. Every link in that chain is a document: the served N4, the Certificate of Service, the L1, the settlement, and the ledger rows proving the missed instalment.

Common L4 Mistakes

  • Missing the 30 days. The window runs from the breach and is not extendable — a late L4 means starting a fresh application instead.
  • No s.78 clause. If the settlement/order doesn't authorize a section 78 application, the ex parte route isn't available.
  • Wrong breach. Relying on a condition unrelated to the original application's grounds.
  • Incomplete package. No copy of the order or no breach declaration — the LTB refuses the application outright.
  • Thin proof at the set-aside. If the tenant moves to set aside, a vague payment history loses what the ex parte order won.

L4 Application FAQs

The L4 is only as strong as the L1 behind it

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Disclaimer: This guide is document-preparation information, not legal advice. Section 78 applications have strict technical requirements; confirm current rules and deadlines with the Landlord and Tenant Board and consult a licensed paralegal or lawyer for advice specific to your situation.