An applicant at Ontario's Landlord and Tenant Board (LTB) who wants to end their own case without a decision on the merits files the Request to Withdraw an Application. The same form is used to abandon a motion to set aside, a motion to void, or a Request to Review an Order. Because a withdrawal cannot be undone, it is worth being sure it is the right tool before you send it.
At a glance
| Who can file | The applicant who started the case, or that applicant's representative |
| Timing | Freely until the hearing begins; afterwards, only if the LTB consents |
| Written hearings | No consent needed until written submissions are due |
| Where it goes | Tribunals Ontario Portal (mandatory for lawyers and paralegals) |
| Cost | Withdrawing is free; the fee you paid to apply is kept by the LTB |
| Next form | None; the file is closed |
Purpose and legal basis
An applicant may withdraw, under the Residential Tenancies Act, 2006 (RTA), s. 200(2), at any point before the hearing begins. Section 200(4) adds that after the hearing has begun, withdrawal requires the Board's consent. The detail is in the LTB Rules of Procedure, at Rule 17:
- For an oral or electronic hearing, the start is the parties' first appearance in front of the Member or Dispute Resolution Officer (DRO), and an appearance on a preliminary issue counts (Rule 17.3).
- In a written hearing, you may withdraw without consent right up until your written submissions fall due (Rule 17.1).
- Whatever the timing, the LTB and the other parties must be told promptly (Rules 17.1 and 17.2).
There is no going back. According to the form's instructions, a withdrawn matter cannot later be picked up again because you have reconsidered.
Is withdrawal the right move?
It suits a few situations: the tenant has left and you have decided not to pursue a money order, you settled privately and see no need for a consent order, or the application you filed was the wrong one.
It is the wrong move in these cases:
- The L1 has been paid in full. Where, before any order was issued, the tenant paid you every dollar of arrears, the new rent that came due and your filing fee, the L1 is discontinued by operation of law (RTA s. 74(2)). The right filing is the Request for a Discontinuance Order Without a Hearing, which closes the file with an order.
- You need the deal to be enforceable. Withdrawal leaves no order behind. For payments over time, get a settlement or consent order, and for any s. 206 plan, the mandatory Payment Agreement.
- There is only a mistake to correct. An amendment under Rule 15 may serve you better than starting over and paying another fee.
Timing rules
- Hearing not yet started: no permission from the LTB is needed.
- Hearing already started: it is up to the Member or DRO. You may raise it at the hearing itself. Where the hearing was adjourned, file the form and let the LTB rule on whether to accept the withdrawal. The instructions caution that if you are unsure whether the LTB agreed, you should appear on the next hearing date.
- Written hearing: you may withdraw without consent until submissions are due. Past that point, make a written request to the LTB, again on this form.
Filling in the form, field by field
- File Number. Copy it from the Portal or your Notice of Hearing.
- Language Preference. Pick English or French.
- Requester. Select Landlord, Tenant, Co-op, Representative or Other, and give your name, a daytime phone number and an email address. A lawyer or licensed paralegal also gives a Law Society of Ontario number.
- "I have the authority to bind all Applicants." Choose Yes only if that is true. With co-landlords, confirm it with them first.
- Rental Unit Address. Match the application exactly.
- Withdrawal. This is your confirmation that the file should close with no further steps. The explanation box is required only on a tenant's T2 harassment claim (covered in the FAQ), though a brief reason helps once the hearing is under way.
- Signature of Requester. Print your name, sign and date it (dd/mm/yyyy). When filing electronically, tick the box that stands in for your signature.
Sending it to the Board
According to the LTB's forms page, the Tribunals Ontario Portal is where this form is filed. From January 1, 2025, Law Society licensees have been required to use the Portal for this form, and the LTB will not process a copy a licensee sends by mail, email or courier or through ServiceOntario. Withdrawing costs nothing, and the fee you paid to apply is not refundable.
Missteps that backfire
- Assuming a post-hearing withdrawal goes through on its own. After any appearance in front of a Member or DRO, a preliminary one included, the LTB's consent is required. Skip the next date on the belief that the case is over, and it may proceed in your absence, leaving you with an order you then have to challenge.
- Filing when you are not the applicant. Only the applicant, or that applicant's representative, can withdraw. The LTB will refuse a request from a property manager who lacks authority, or from a tenant trying to drop a landlord's case.
- Claiming authority to bind every applicant when you do not have it. If the applicants include co-owners or related companies, one cannot act for the rest without authority.
- Withdrawing an L1 after the tenant has paid it off. You give up the discontinuance order and the clean record that comes with it. File the discontinuance request instead.
- Withdrawing in place of recording a settlement. If the tenant later stops paying under an informal arrangement, you have no order to enforce.
- Leaving the other parties uninformed. Rule 17 requires notice to them, and the instructions say to give it in writing.
Afterwards
If the hearing had not started, the LTB simply closes the file. If it had, consent is a decision for the Member or DRO, so keep treating any scheduled date as live until you hear otherwise. Should you need to bring the matter back later, that is a new application with a new fee.
Frequently asked questions
Will the LTB refund my fee if I withdraw?
No. Both the form and the LTB's fees page state that fees cannot be refunded.
The tenant has caught up on everything. Do I withdraw the L1?
In most cases, no. Under RTA s. 74(2), the L1 is discontinued when, before any order issued, the tenant paid the arrears, the new rent owing and your fee. File the discontinuance request (no hearing needed) rather than a withdrawal.
Can I bring the case back after withdrawing?
The withdrawn file itself cannot be revived. You would have to file a new application, pay a new fee and meet whatever deadline applies to the notice it relies on.
What about a tenant's harassment application?
A T2 alleging harassment, obstruction, coercion, threats or interference by the landlord needs the Board's consent before the tenant can withdraw it (Rule 17.2; RTA s. 200(3)), and the form requires the tenant to give a reason.