Evict A Tenant for Not Paying Rent Ontario
Is your Tenant not paying rent and leaving you stressed and frustrated?
As a landlord in Ontario, dealing with a tenant who refuses to pay rent can be overwhelming and financially draining. We get it—you want a swift and effective solution. That’s where we come in.
This guide will quickly walk you through the exact steps you need to evict a tenant for not paying rent in Ontario. From issuing the N4 notice to navigating the Landlord and Tenant Board, we’ll provide clear, actionable advice to help you regain control of your property.
Let’s dive in and resolve this together.
What a Landlord Can Do if a Tenant Does Not Pay Rent
When a tenant fails to pay rent, you have several options to address the issue legally and effectively.
Give the Tenant Notice to Pay Rent or Move Out
The first step is to serve the tenant with a Notice to End a Tenancy Early for Non-payment of Rent (N4 Form). This notice informs the tenant that they must pay the rent owed or vacate the property by a specific termination date.
Rules About Termination Dates
- Monthly Tenancies: Provide at least 14 days’ notice after serving the N4 form.
- Weekly or Daily Tenancies: Provide at least 7 days’ notice.
- Service Method Adjustments:
- Personal Service: 14 days’ notice.
- Courier: Add 1 business day (total of 15 days).
- Mail: Add 5 business days (total of 19 days).
Notice is Void if Tenant Pays
If the tenant pays all the rent they owe before you file an application with the Landlord and Tenant Board (LTB), the N4 notice becomes void, and the tenancy continues as usual.
Apply for Rent Owed and to Evict the Tenant
If the tenant doesn’t pay the owed rent or move out by the termination date, you can file an Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes (L1 Form) with the LTB.
Apply for Just the Rent Owed
If you prefer not to evict the tenant but want to collect the owed rent, you can file an Application to Collect Rent the Tenant Owes (L9 Form).
If Your Tenant Has Moved Out
If the tenant has moved out and still owes rent, you can file an Application to Collect Money a Former Tenant Owes (L10 Form) within one year of the move-out date.
Attend the Hearing
After filing your application, the LTB will schedule a hearing. It’s crucial to attend and present all necessary documentation to support your case. The board will consider your evidence and make a decision regarding rent owed and possible eviction.
The Eviction Process for Evicting a Tenant for Not Paying Rent in Ontario
Handling non-payment of rent requires a systematic approach to protect your rights and property. This is how the eviction process would proceed.
Tenant Stops Paying Rent
As a landlord, if your tenant does not pay rent on the day it is due, you have the right to take immediate action. For example, if rent is due on the 1st day of the month and the tenant fails to pay, you can serve them with an N4 Form as early as the 2nd day of the month.
Issue the Eviction Notice – N4 Form
The N4 Form sets a termination date by which the tenant must pay the overdue rent or move out. If your tenant does not pay the rent owed by this termination date, you can apply to the Landlord and Tenant Board (LTB) to evict your tenant. Taking swift action not only emphasizes the importance of timely rent payments but also protects your rights and financial interests as a landlord.
File an Application with the Board – L1 Application
If your tenant does not pay the rent by the termination date specified in the N4 Form, you have the right to escalate the situation by applying to the Landlord and Tenant Board (LTB) to evict your tenant.
Starting the day after the termination date noted on the N4 Form, you can file your L1 Application—the official Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes. This application is filed online, so ensure that your N4 Form and Certificate of Service are correctly completed, scanned, and ready to be uploaded. Please note that to file the L1 Application, the tenant must still be living in the unit.
Negotiate a Payment Plan
An important new requirement established by the Landlord and Tenant Board is that you must attempt to negotiate a payment plan with your tenant before the hearing date. This step shows your willingness to resolve the issue amicably and can be beneficial during the eviction process.
Attend the Landlord Tenant Board Hearing
When you attend the Landlord and Tenant Board (LTB) hearing, the focus will be on the rent arrears owed by the tenant. You’ll present the amount you believe is owed, and the tenant will have the opportunity to agree or dispute this figure. Once the amount is determined, the member will decide whether to grant the tenant any relief, such as allowing a payment plan or providing additional time to pay off the arrears. Both you and the tenant will have the chance to present your cases regarding any proposed relief.
Enforcement of the Order
Once you have received your Landlord and Tenant Board (LTB) order, it’s important to take the necessary steps to enforce it. If your tenant does not move out by the date specified in the order, you have the legal right to engage the Sheriff’s office to carry out the eviction. Hiring the Sheriff ensures that the tenant is lawfully removed from your property, following all appropriate legal procedures. This enforcement step is crucial to uphold your rights as a landlord and to regain possession of your property.
Landlord’s Guide to Non-Payment of Rent
Understanding your rights and the legal procedures can help you manage non-payment situations effectively.
How Much Notice does a Landlord Have to Give a Tenant to Move out in Ontario for Not Paying Rent?
You must include a termination date when serving your tenant with an N4 Form. This is the deadline by which the tenant must pay the overdue rent or vacate the property. Importantly, the termination date cannot be the next day; there is a mandatory notice period you must follow.
Since most tenancies are monthly, we’ll focus on the notice period for monthly tenancies. Generally, you must provide at least 14 days’ notice. However, the method of serving the N4 Form affects the required notice period:
- Personal Service: If you hand the N4 Form directly to the tenant, you must give at least 14 days’ notice.
- Courier Service: If you send the N4 Form via courier, you need to add one (1) business day for delivery, totalling 15 days’ notice.
- Mail Service: If you mail the N4 Form to the tenant, you must add five (5) business days for delivery, resulting in 19 days’ notice.
Adhering to these notice periods is crucial to ensure the N4 Form is legally valid and to maintain compliance with the Residential Tenancies Act.
How to Give the N4 Form to Your Tenant?
There are several acceptable methods to serve an N4 Notice to your tenant, as recognized by the Landlord and Tenant Board (LTB). The most common and legally accepted methods include:
- Hand Delivery to the Tenant: Personally handing the N4 Form directly to the tenant.
- Hand Delivery to an Adult in the Rental Unit: Giving the N4 Form to another adult who is present in the tenant’s rental unit.
- Leaving in the Mailbox or Mail Delivery Area: Placing the N4 Form in the tenant’s mailbox or where mail is normally delivered.
- Sliding Under the Door or Through a Mail Slot: Placing the N4 Form under the door of the rental unit or inserting it through a mail slot in the door.
- Courier Service: Sending the N4 Form to the tenant via courier service.
- Fax Transmission: Sending the N4 Form to the tenant by fax.
- Mail or Xpresspost: Sending the N4 Form to the tenant through regular mail or Xpresspost.
Important Note: You cannot serve the N4 Form by posting or taping it to the door of the rental unit. This method is not considered a valid form of service under the LTB guidelines.
Can a Tenant Void an N4 Form?
Yes. If the tenant pays off the arrears of rent by the termination date specified in the N4 Form, the notice becomes void, and you cannot apply to the Landlord and Tenant Board to evict your tenant. This means the tenancy continues as normal, and the tenant retains their right to remain in the rental unit. It’s crucial to understand that once the arrears are paid in full by the termination date, the eviction process cannot proceed based on that N4 Notice.
When Can You File Your L1: Application to Evict a Tenant for Non Payment of Rent and to Collect Rent the Tenant Owes?
As a landlord, the earliest date you can file the L1 Application is the day after the termination date specified in the N4 Form.
For example, if the termination date on the N4 Form is November 17, you can file your L1 Application starting on November 18. Filing on the correct date is crucial to comply with the Landlord and Tenant Board’s procedures and to ensure that your application is accepted without delays.
Does a Tenant Still Have to Pay Rent After An Eviction Notice was Served?
Yes, your tenant is still legally obligated to pay rent even after you have served them with the N4 Form and filed the L1 Application. Serving the notice and initiating the eviction process does not absolve the tenant of their responsibility to pay ongoing rent as it becomes due. It’s important to continue monitoring rent payments during this period, as any additional unpaid rent can be included in your claim at the Landlord and Tenant Board (LTB) hearing.
How to Collect Unpaid Rent After the Tenant Moves Out in Ontario?
If the tenant has already moved out of the rental unit but still owes you rent or unpaid utilities, you can take further legal action by filing an L10 Application against your former tenant. The L10 Application, officially known as the Application to Collect Money a Former Tenant Owes, allows you as the Landlord to obtain an order and judgment for the arrears of rent or unpaid utilities. This legal tool enables you to pursue the outstanding debts even after the tenant has vacated the property, helping you recover the money owed to you.
How to Evict a Tenant in Ontario With No Lease
If you do not have a written lease agreement, it doesn’t mean a landlord-tenant relationship doesn’t exist. As long as money has exchanged hands, a landlord-tenant relationship is established. If there was a previous lease agreement that has since expired, the tenant is now on a month-to-month tenancy, and all the same terms of that original lease continue to apply.
Even if there was never a written agreement, the verbal agreements and understandings you’ve had with the tenant establish the terms of the tenancy. This means you still have legal grounds to proceed with actions like serving notices and applying to the Landlord and Tenant Board if necessary.
When Can a Landlord Evict a Tenant in Ontario?
Not all tenancies can come to an end peacefully, and sometimes a Landlord needs to take action and evict a tenant. We wrote the article 13 Reasons to Evict Your Tenant in Ontario, which details all the reasons you can evict your Tenant in Ontario beyond evicting them for non-payment of rent.
Most Common Reason to End a Lease with a Tenant Eviction:
- Non Payment of rent.
- Violating lease terms.
- Causing significant property damage.
- Engaging in illegal activities on the property.
- Interfering with the reasonable enjoyment of other tenants or the landlord.
FAQs About Evicting a Tenant for Not Paying Rent in Ontario
Q: How long does it take to evict a tenant for non-payment of rent in Ontario?
A: The process can take several months, often around five, from serving the notice to obtaining an eviction through the LTB.
Q: Can I evict a tenant without a written lease agreement?
A: Yes, if a landlord-tenant relationship exists (e.g., rent has been exchanged), you can proceed with eviction even without a written lease.
Q: What if the tenant pays part of the rent they owe?
A: Partial payments do not void the N4 notice unless the full amount is paid before you file with the LTB. However, accepting partial payments may affect the amount you can claim.
Q: Can I change the locks if my tenant doesn’t pay rent?
A: No, changing locks without an eviction order from the LTB is illegal and can result in penalties.
Q: How can Sturino Walker Legal assist me?
A: Our team of licensed paralegals specializes in landlord-tenant disputes. We can guide you through the eviction process, ensuring all legal procedures are correctly followed to protect your rights.
About Sturino Walker Legal
At Sturino Walker Legal, we are a dedicated team of licensed paralegals committed to assisting landlords across Ontario. We specialize in landlord and tenant law, providing personalized and professional services to help you navigate complex legal processes.
Why Choose Us?
- Expertise in Landlord Tenant Law: With extensive experience, we understand the nuances of the Residential Tenancies Act.
- Personalized Service: We offer tailored advice and strategies based on your unique situation.
- Professional Representation: We represent landlords at LTB hearings to help achieve the best possible outcome.
Related Articles:
- Evicting a Tenant in Ontario – A Landlord’s Guide
- 13 Reasons to Evict Your Tenant in Ontario
- Evict A Tenant for Not Paying Rent Ontario
- Landlord Legal Services Ontario
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Update – November 2024
6 Response(s) for “Evict A Tenant for Not Paying Rent Ontario”
Hi, Can a landlord issue an N4 and a shortly after that an N8 form? The reason for this is the tenant is not paying his rent and at the same time his lease is up the following month and we are not renewing it.
Please advice.
Thanks
Hello Rene, we would be happy to assist you. Please give our office a call to book a free consultation and we can answer all your questions. Thank you.
Hello,
I would like to discuss the process for eviction of tenants and process of cash for keys.
Hello Abhishek, we would be happy to assist you. Please give our office a call to book a free consultation and we can answer all your questions. Thank you
Hi
I would like to inquire about the number of N4 notices we can serve before proceeding with an eviction. For instance, if tenants pay half of the rent and then pay the remaining balance within 14 days after receiving the N4 notice, how many times can this scenario repeat?
Thank you.
Hello Aiden,
If the Tenant continues to void the N4 Notices, you may want to proceed with an N8 Notice for persistent late payment. There is no limit on how many times you can give an N4 Notice.
Thank you.