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).
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.
What is an N4 Notice? A Complete Guide to the N4 Form in Ontario
The N4 form, officially called the “Notice to End a Tenancy Early for Non-payment of Rent,” is the first legal document a landlord must serve on a tenant who has not paid rent. It is issued by the Landlord Tenant Board (LTB) and is the mandatory starting point for any non-payment eviction in Ontario.
Without a properly completed and served N4 notice, a landlord cannot file an application with the LTB to evict the tenant. If the N4 contains errors, the entire application can be dismissed at the hearing, meaning the landlord has to start the process over from the beginning.
How to Fill Out the N4 Form in Ontario
The N4 form requires the following information:
Landlord and Tenant Names – Enter the full legal names of both the landlord and the tenant as they appear on the lease agreement. If there are multiple tenants on the lease, include all of their names.
Rental Unit Address – Provide the complete address of the rental unit, including the unit number if applicable.
Rent Owing Details – List each period of unpaid rent separately. For example, if the tenant owes rent for January, February, and March, each month should be listed on its own line with the amount owing for that period.
Termination Date – This is the date by which the tenant must either pay the full amount of rent owed or move out. The termination date must be at least 14 days after you serve the notice for monthly or yearly tenancies, or at least 7 days for daily or weekly tenancies.
How to Calculate the N4 Termination Date
Calculating the correct termination date on the N4 form is one of the most common mistakes landlords make, and it is one of the most common reasons N4 notices get dismissed at the LTB.
The termination date depends on how you serve the notice:
Personal Service (handed directly to the tenant): The termination date must be at least 14 days after the date you serve the notice.
Service by Courier: Add 1 business day to the 14-day period, making it 15 days total.
Service by Mail: Add 5 business days to the 14-day period, making it 19 days total.
Sliding the notice under the door or placing it in the mailbox: This counts as personal service, so the standard 14-day period applies.
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.
Common Mistakes That Get an N4 Dismissed
The Landlord Tenant Board will dismiss your application if the N4 notice is not completed correctly. These are the most common mistakes we see:
Wrong termination date – The termination date does not allow enough days based on the service method, or it does not align with the end of a rental period.
Incorrect rent amounts – The amount of rent listed on the N4 does not match what the tenant actually owes. If the tenant made a partial payment and the N4 does not reflect this, it can be challenged.
Wrong tenant names – The names on the N4 do not match the names on the lease agreement.
Including non-rent charges – The N4 is strictly for rent arrears. You cannot include utility charges, damages, or other fees on this form. Including non-rent amounts can invalidate the notice.
Not signing the form – The landlord must sign and date the N4 notice.
This is one of the key reasons landlords hire professional representation. A single mistake on the N4 can delay your eviction by months. At Sturino Walker Legal, we prepare all N4 notices for our clients to ensure they are completed accurately and in full compliance with the LTB requirements.
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.
Where to Download the N4 Form
The N4 form is available for free on the Landlord Tenant Board website. You can download it directly from the Social Justice Tribunals Ontario forms page.
We recommend that landlords have a legal professional review the N4 before serving it to the tenant. A small investment in a professional review can prevent a costly dismissal at the hearing.
File an Application with the Board – L1 Application
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.
If your tenant does not pay the rent by the termination date, you have the right to escalate the situation by applying to the Landlord and Tenant Board (LTB) to evict your tenant. 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.
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.
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.
What Happens If a Tenant Doesn’t Pay Rent and Moves Out?
If your tenant has left the rental unit but still owes you rent, you are not without options. Ontario law allows landlords to pursue former tenants for unpaid rent even after they have vacated the property.
You can file an L10 Application, an Application to Collect Money a Former Tenant Owes with the Landlord Tenant Board. This application allows you to recover the rent arrears that the tenant owes up to the date they moved out. You must file this application within one year of the tenant vacating the unit.
If the amount owed exceeds the LTB’s jurisdiction, or if you also wish to claim damages beyond rent arrears, you may need to pursue the matter through Small Claims Court. Our team can advise you on the best course of action based on your specific situation.
It is important to document everything: keep copies of the lease agreement, any communication with the tenant, records of missed payments, and photos of the unit’s condition when the tenant left. This documentation will be essential if you need to present your case to the Board or in court.
If your tenant has moved out and owes you rent, contact us at 905-738-7171 for a free consultation to discuss your options for recovering the money owed.
Frequently Asked Questions About Evicting a Tenant for Non-Payment of Rent
Q: What is an N4 notice in Ontario?
A: An N4 notice is the official Landlord Tenant Board form called the “Notice to End a Tenancy Early for Non-payment of Rent.” It is the first legal step a landlord must take when a tenant fails to pay rent. The N4 informs the tenant that they must pay all rent owed or vacate the rental unit by the termination date specified on the form.
Q: How soon can I serve an N4 notice after rent is missed?
A: You can serve an N4 notice the very next day after rent is due and unpaid. For example, if rent is due on the 1st and the tenant does not pay, you can serve the N4 on the 2nd. There is no waiting period before serving the notice.
Q: What happens if my tenant pays the rent after I serve the N4?
A: If the tenant pays all the rent they owe before you file an application with the Landlord Tenant Board, the N4 notice becomes void, and the tenancy continues. However, if you have already filed the application, the tenant must pay the full amount owed including the LTB filing fee to stop the eviction process.
Q: Can I evict a tenant for non-payment of rent if there is no lease?
A: Yes. The eviction process for non-payment of rent is the same whether there is a written lease or not. Under the Residential Tenancies Act, verbal and implied tenancy agreements are legally binding. The tenant is still obligated to pay rent, and you can still serve an N4 notice and file with the LTB.
Q: What is an L1 application?
A: An L1 application is the “Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes.” It is the form you file with the Landlord Tenant Board after the N4 notice period has expired and the tenant has not paid. The L1 requests a hearing where the Board will decide on the eviction and the rent owed.
Q: How long does an eviction for non-payment of rent take in Ontario?
A: On average, the entire process from serving the N4 notice to enforcing the eviction order takes approximately 75 to 150 days. This includes the 14-day notice period, waiting for a hearing date (typically 60 to 90 days), receiving the eviction order, and Sheriff enforcement if needed. Hiring professional representation can help ensure there are no delays caused by paperwork errors.
Q: What if my tenant owes rent and has moved out?
A: If your tenant has vacated the unit but still owes rent, you can file an L10 Application to Collect Money a Former Tenant Owes with the Landlord Tenant Board. This must be filed within one year of the tenant moving out. For larger amounts or claims beyond rent arrears, you may also pursue the matter through Small Claims Court.
Q: Does a Tenant Still Have to Pay Rent After an Eviction Notice?
A: 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.
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.
Related Articles:
- How Late Can a Tenant Pay Rent in Ontario?
- 13 Reasons to Evict Your Tenant in Ontario
- Evict A Tenant for Personal Use in Ontario
- Landlord Legal Services Ontario
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Updated – March 2026
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.