Evict A Tenant for Not Paying Rent Ontario
You are reading this because you need to evict a Tenant for not paying rent in Ontario.
I’m here to tell you, don’t wait to start the eviction process. Evicting a Tenant for not paying rent in Ontario can be a long process, but we are here to help.
This article will provide you with all the information you need to know to evict a Tenant for not paying rent in Ontario. We will take you through all the steps and answer all your questions by the end of this article.
Eviction for Non Payment of Rent in Ontario
As a Landlord, if your Tenant did not pay rent on the day it was due, you have the right to issue an N4 Form. For example, if rent is due on the 1st day of the month, and the Tenant does not pay, on the 2nd day of the month, you can serve your Tenant with the N4 Form.
If your Tenant does not pay rent by the Termination date set out in the N4 Form, you can apply to the Landlord Tenant Board to evict your Tenant.
How much notice does a landlord have to give a tenant to move out in Ontario for not paying rent?
You must put a termination date when giving your Tenant an N4 Form. This is the date on which the Tenant must pay you the arrears of rent or move out. The termination date cannot be the next day; there is a notice period that you must follow.
As most Tenancies are monthly, we will discuss the Notice period for monthly tenancies only. For a monthly Tenancy, generally, you must give at least 14 day notice, but the service of the N4 Form makes a difference.
- If you personally serve the Tenant with the N4 Form, you must give 14 day notice,
- If you courier the N4 Form to the Tenant, you must add one (1) business day for delivery. Therefore, you must give 15 day notice.
- If you sent the N4 Form by mail to the Tenant, you must add five (5) business days for delivery. Therefore, you must give 19 day notice.
How to give the N4 Form to your Tenant?
There are several different methods that you can serve an N4 notice to the Tenant, but the most common and accepted methods or services by the Landlord Tenant Board are as follows:
- Handing the N4 Form to the Tenant
- Handing the N4 Form to an adult person in the Tenant’s rental unit
- Leaving the N4 Form in the mailbox or a place where mail is normally delivered.
- Placing the N4 Form under the door of the rental unit or through a mail slot in the door.
- Sending the N4 Form by courier to the Tenant.
- Sending the N4 Form by fax to the Tenant.
- Sending the N4 Form by mail or Xpresspost to the Tenant
Please note that you CANNOT post or tape the N4 Form to the door. That is not considered service!
Can a Tenant void an N4 Form?
Yes. If the Tenant pays off the arrears of rent by the termination date in the N4 Form, the N4 Form is void, and you cannot apply to the Landlord Tenant Board to evict your Tenant.
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 in the N4 Form. For example, if the termination date on the N4 Form is November 17, you can file your L1 Application on November 18.
Does a Tenant Still Have to Pay Rent After An Eviction Notice was served?
Yes. Your Tenant still has to pay you rent after you have served them with the N4 Form and filed the L1 Application.
What is the Landlord Tenant Board hearing about?
The Landlord Tenant Board hearing will focus specifically on the arrears of rent the Tenant owes you. The member will question you about the amount of arrears you believe the Tenant owes; then, the Tenant will be given the opportunity to dispute or agree with the amount owed.
Once the amount owed is determined, the member will consider whether the Tenant should be granted relief. This means whether the Tenant should be allowed to enter into a payment plan to pay off the arrears or if they should be given a specific amount of time to pay off the arrears. The Tenant will be allowed to plead their case; then the Landlord will be given the opportunity to plead theirs.
The eviction process for evicting a tenant for not paying rent in Ontario
Tenant stops paying rent
Your Tenant has stopped paying rent and has now fallen into arrears.
Eviction Notice – N4 Form
As a Landlord, you should discuss with your Tenant to see if they will be paying the rent arrears. If the discussion is unsuccessful, you need to issue an N4 Form.
File an application with the board – L1 Application
The day after the termination date noted on the N4 Form, you can file your L1 Application. The L1 Application is filed online, so ensure your N4 Form and Certificate of Service are scanned and ready to be uploaded. Please note that in order to file the L1 Application, the Tenant must still be living in the unit.
Negotiate a payment plan
A new requirement that the Landlord Tenant Board has set forth is that you must attempt to negotiate a payment plan with your Tenant.
Go to court
Attend the tribunal and argue your case with the member. Make sure you are prepared and have all your documents organized to quickly answer any question the member may have.
Enforcement of the order
After you have received your Landlord Tenant Board order, you must enforce it with the Sheriff’s office. If your Tenant does not move out by the date specified in the order, you have the right to hire the Sheriff to remove your Tenant from the property.
How to collect unpaid rent after the Tenant moves out in Ontario?
If the Tenant has already moved out of the rental unit and they still owe you rent or unpaid utilities, you can now file an L10 Application against your old Tenant. The L10 Application allows the Landlord to obtain an order and judgment against an old Tenant for the arrears of rent or unpaid utilities.
How to evict a tenant in Ontario with no lease
If you do not have a lease agreement, that does not mean a Landlord and Tenant relationship does not exist. So long as money has exchanged hands, the Landlord and Tenant relationship exists. If there was a previous lease agreement, but it has since elapsed, the Tenant is now on a month-to-month tenancy, and all the same terms of that lease agreement apply. If there was never a lease agreement, the verbal conversations you have had with the Tenant establish the terms of the lease agreement.
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.