Does the tenant have to wait for the landlord to make an application?
No. If the landlord and tenant have not agreed in writing about what to do with the security deposit and the landlord has not returned the deposit or made an application for a hearing within seven business days after the end of the tenancy, the tenant may apply for an exparte order requiring the return of the security deposit. An exparte order means the tenant does not need to give the landlord notice of the application. (Source: Public Legal Education Association.
