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Tenant isn't paying rent

Your tenant has not paid the rent, or has paid only part of it. You want the arrears paid, and you may want the tenancy to end if they are not.

N4 · L1

What we do

  1. Check the facts and the tenancy

    We review the tenancy agreement, the rent record and who lives in the unit, and confirm the lawful rent.

  2. Prepare and serve the N4

    We calculate the rent owing, set a termination date that allows the full notice period, and serve each tenant by a permitted method.

  3. File the L1

    If the arrears are not paid, we file the L1 with the N4 and the Certificate of Service, from the day after the termination date.

  4. Prepare for the hearing

    We complete the L1/L9 Information Update, organize your evidence and review any issues the tenant has given notice of.

  5. Attend the hearing

    We present your claim and respond to any request to refuse or delay the eviction.

  6. Follow the order

    We check payments against the order and, if it is not voided, file it with the Court Enforcement Office.

The forms involved

How the timing works

  1. Rent dueTenant has until midnight that day to pay.
  2. N4 givenDay 0, not counted. Mail adds five days.
  3. Termination dateAt least 7 days after the N4 is given.
  4. L1 filedFrom the day after the termination date.
  5. HearingInformation Update due 5 days before.
  6. OrderVoid if paid in full before it is enforceable.

Work out the earliest N4 termination date from the date and the way you give the notice.

How the process runs

You can give your tenant an N4 from the day after rent is due. The termination date must be at least 7 days after the notice is given. Do not count the day you give it. A mailed notice is treated as given on the fifth day after mailing, so add five days. The N4 can claim rent only.

The tenant can void the N4 by paying the arrears, plus any rent that has come due since, before you apply. You cannot file the L1 until the day after the termination date. There is no deadline after that, but the tenant must still be in possession of the unit when you file. The Board then gives the tenant a copy of the application and a Notice of Hearing.

Paying can still stop the eviction after you file. If the tenant pays the arrears, any new rent and your application fee before an order is issued, the application is discontinued. An eviction order is void if the tenant pays the amount it states before it becomes enforceable. After that, until the order is enforced, a tenant who pays in full may ask the Board to set it aside, but only once in a tenancy. At the hearing, the Board must consider whether to refuse or delay the eviction. For applications filed on or after September 21, 2026, a tenant who wants to raise other issues, such as repairs, must give written notice and pay you half the arrears claimed at least 7 days before the hearing.

If your tenant pays, but keeps paying late, a different notice may apply. An N8 can be given for persistent late payment, which includes paying more than seven days late at least three times in any six-month period. For a monthly tenancy, its termination date must be at least 60 days away and the last day of a rental period. You can file an L2 once it is given, up to 30 days after the termination date. Unlike an N4, an N8 cannot be voided by paying. The two notices can be used at the same time where both apply.

Where applications go wrong

  • Termination date too early. Counting the day of service, or leaving out the five days for mail, makes the date too early. A wrong termination date cannot be corrected once the notice is given.
  • Amounts that are not rent. NSF charges, an unpaid rent deposit and utility costs the tenant pays separately do not belong on the N4. Including them will likely invalidate it.
  • Wrong arrears figure. An N4 based on the wrong lawful rent can be found invalid. The total on page 1 must match the table on page 3.
  • Missing tenants. Each tenant in possession must be named on the N4 and given a copy.
  • Posting on the door. The N4 cannot be given by posting it on the door of the unit. Use a method the Act or the Board’s Rules allow.
  • Missing documents. The L1 is not accepted without a copy of the N4, the Certificate of Service and the fee. On the Tribunals Ontario Portal, documents not uploaded with the application must follow within 5 calendar days.

Fees

The steps below are each priced on their own. Board filing fees are separate and are paid to the Board.

  • Notice drafted and served

    One notice, prepared, checked and served on the tenant.

  • Board application

    Application filed with the Board, with evidence collected and submitted.

  • Hearing representation

    Preparation and representation at the Board or Divisional Court.

No two matters are alike, so we price yours once we know the facts. You will know the fee before any work starts.

Screening call: 15 minutes, complimentary. Full consultation: 45 minutes, $150 incl. HST.

Book the complimentary call

Questions

Can my tenant stop the eviction by paying?

Yes, at several points. Before you file the L1, paying the arrears plus any rent that has since come due voids the N4. After you file, paying the arrears, any new rent and your application fee before the order is issued ends the application. Once an order is made, paying the amount it states before it becomes enforceable voids it. After that, until the order is enforced, a tenant who pays in full may ask the Board to set it aside, but only once in a tenancy.

How soon can I file after giving an N4?

The termination date on the N4 must be at least 7 days after the notice is given, not counting the day you give it. If you mail the notice, add five days. You can file the L1 from the day after the termination date, as long as the tenant has not paid the full amount owing and is still in possession of the unit. Different deadlines apply to an N4 given before September 21, 2026.

Can I accept a partial payment after giving the N4?

Yes. Unless you and your tenant agree otherwise, accepting arrears after giving a notice does not waive the notice or create a new tenancy. A partial payment also does not void the N4. That takes the full arrears plus any rent that has come due by the date of payment. If you have already filed the L1, list the payment on the L1/L9 Information Update. The Board deducts payments made after filing from the amount it orders.

Sources (41)

Legal statements on this page come from Ontario's laws and regulations, the Landlord and Tenant Board's own forms, instructions and rules, and the other official sources listed below.

  1. Official N4 title as printed on the current form (version 2026/09) and on the LTB forms page: Notice to End your Tenancy Early for Non-payment of Rent. Tribunals Ontario
  2. Official L1 title as printed on the current form (version 2026/09): Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes. Tribunals Ontario
  3. L1/L9 Information Update: required for L1 hearings and given to the Board and each tenant at least 5 days before the hearing (LTB Rules 10.1 and 10.2). Tribunals Ontario
  4. L1/L9 Information Update form title and purpose (payments made and rent come due since filing). Tribunals Ontario
  5. Official N8 title as printed on the current form (version 2026/09): Notice to End your Tenancy at the End of the Term; Reason 1 is persistent late payment. Tribunals Ontario
  6. Official L2 title as printed on the current form (version 2026/09): Application to End a Tenancy and Evict a Tenant or Collect Money; used after an N8. Tribunals Ontario
  7. An N4 based on the wrong lawful rent can be found invalid (Interpretation Guideline 10, Substantial Compliance). Tribunals Ontario
  8. Permitted methods of giving a notice to a tenant (RTA s. 191(1)) and additional methods in LTB Rule 3.1. Ontario e-Laws
  9. The L1 must be filed with a copy of the N4 and a Certificate of Service; the application is refused if any is missing (L1 Instructions, Sections B and D). Tribunals Ontario
  10. A landlord may not apply based on an N4 before the day following the termination date in the notice (RTA s. 74(1)). Ontario e-Laws
  11. A tenant who wants to raise other issues must give a written description of each issue at least 7 days before the hearing (LTB Rule 19.4). Tribunals Ontario
  12. On an eviction application the Board may refuse the application or postpone enforcement, and must consider doing so if a hearing is held (RTA s. 83(1) and (2)). Ontario e-Laws
  13. An eviction order expires if not filed with the sheriff within six months after it takes effect (RTA s. 81); the LTB refers to enforcement by the Court Enforcement Office (Sheriff) (Interpretation Guideline 11). Ontario e-Laws
  14. The tenant has until midnight on the day rent is due to pay; the N4 is given from the day after (N4 form checklist, version 2026/09). Tribunals Ontario
  15. Earliest day to give an N4 is the day after rent was due (N4 Instructions, Section A example). Tribunals Ontario
  16. When counting the notice period, do not include the day the notice is given (N4 Instructions, Section B; LTB Rule 1.13). Tribunals Ontario
  17. A notice given by mail is deemed given on the fifth day after mailing (RTA s. 191(3)); the N4 Instructions say to add five days for mail. Ontario e-Laws
  18. N4 termination date is not earlier than the 7th day after the notice is given (RTA s. 59(1), as amended by S.O. 2025, c. 14, Sched. 12). Ontario e-Laws
  19. An eviction order for arrears is void if the tenant pays the amounts in s. 74(4) before the order becomes enforceable; the order must state that amount (RTA s. 74(3)(b) and (4)). Ontario e-Laws
  20. The N4 is only for rent; amounts other than rent (such as a last month's rent deposit or an NSF charge) should not be claimed on it (N4 form checklist). Tribunals Ontario
  21. The N4 is void if, before the landlord applies, the tenant pays the arrears and the additional rent due as at the date of payment (RTA s. 59(3)). Ontario e-Laws
  22. The 30-day filing deadline in s. 69(2) does not apply to applications based on non-payment of rent (RTA s. 69(3)); 'There is no deadline for rent arrears applications' (Interpretation Guideline 10). Ontario e-Laws
  23. The tenant must be in possession of the rental unit when the L1 is filed (L1 Instructions, Section A and Part 4). Tribunals Ontario
  24. The Board gives the other parties a copy of the application (RTA s. 188(1)); the N4 form tells the tenant the LTB will send the application and the Notice of Hearing. Ontario e-Laws
  25. The L1 application is discontinued if, before the eviction order is issued, the tenant pays the arrears, the additional rent due as at the date of payment and the landlord's application fee (RTA s. 74(2)). Ontario e-Laws
  26. After the order becomes enforceable but before it is executed, a tenant who pays the required amounts may move to set it aside, but not if they have made such a motion before during the tenancy (RTA s. 74(11) and (12)). Ontario e-Laws
  27. To raise other issues at an N4/L1 hearing, the tenant must give advance written notice and pay half of the arrears claimed in the application (RTA s. 82(1) and (2)). Ontario e-Laws
  28. The payment of half the arrears is due no later than seven days before the hearing (O. Reg. 516/06, s. 8.3). Ontario e-Laws
  29. The half-arrears payment applies to rent arrears applications filed on or after September 21, 2026 (LTB Rules 19.4 and 19.5.1; Interpretation Guideline 11). Tribunals Ontario
  30. A landlord may give notice of termination where the tenant has persistently failed to pay rent on the date it becomes due (RTA s. 58(1), para. 1). Ontario e-Laws
  31. Persistent late payment includes failing to pay rent within seven days of the due date on at least three occasions in any six-month period (O. Reg. 516/06, s. 8.1). Ontario e-Laws
  32. N8 termination date for a monthly tenancy: at least 60 days after notice is given and the last day of a rental period (RTA ss. 44(2) and 58(2)). Ontario e-Laws
  33. A landlord who has served a notice of termination (other than an N4 or a first N5-type notice) may apply immediately (RTA s. 71); the N8 form says the landlord can apply immediately after giving it. Ontario e-Laws
  34. An application based on a notice other than for non-payment of rent may not be made later than 30 days after the termination date (RTA s. 69(2)); L2 Instructions, Section A note. Ontario e-Laws
  35. The N4 is voidable and the N8 for late payment is non-voidable; both may be served where rent is late and unpaid (Interpretation Guideline 10, Multiple Grounds). Tribunals Ontario
  36. An incorrect termination date cannot be amended or corrected after the notice is given and likely makes it invalid (Interpretation Guideline 10, Termination date). Tribunals Ontario
  37. Including NSF charges, an unpaid rent deposit or utility costs that are not rent on an N4 will likely invalidate it (Interpretation Guideline 11). Tribunals Ontario
  38. The amount on page 1 of the N4 must match the Total Rent Owing in the table on page 3 (N4 form checklist; N4 Instructions, Section B). Tribunals Ontario
  39. Each tenant in possession must be named on the N4 and given a copy (N4 form checklist; Interpretation Guideline 10). Tribunals Ontario
  40. You cannot give the tenant the N4 by posting it on the door of the rental unit (N4 Instructions, Section C). Tribunals Ontario
  41. If the notice or Certificate of Service is not uploaded with an application filed on the Tribunals Ontario Portal, it must be filed within 5 calendar days (LTB Rule 4.5); incomplete applications are not accepted (Rule 6.10). Tribunals Ontario

Every month of delay is another month of rent.

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