Rent arrears are the most common reason landlords apply to the Landlord and Tenant Board. Whether you are a landlord trying to collect unpaid rent or a tenant who has fallen behind, understanding the proper process — and your options — is essential.
Before applying to the LTB, a landlord must first serve the tenant with an N4 Notice to End Tenancy for Non-Payment of Rent. Requirements:
An N4 is not an eviction order — it is just notice. The tenant still has the right to remain until an LTB hearing.
A tenant can void the N4 by paying all rent arrears plus any NSF fees (if required by the lease) before the termination date, or at any time before the LTB issues an eviction order. Once voided, the landlord cannot proceed with that N4.
If the tenant does not pay or void the N4, the landlord files an L1 Application for Eviction for Non-Payment of Rent with the LTB. The L1:
| Scenario | Likely Outcome |
|---|---|
| Tenant pays all arrears before hearing | Application withdrawn or dismissed |
| Tenant proposes repayment plan (PAO) | Conditional order: pay by set dates or evicted |
| Tenant raises T2/T6 maintenance issues | Abatement may offset arrears owing |
| Tenant cannot pay; no plan | Standard eviction order (11 days to vacate) |
The LTB adjudicator may issue a Pay and Stay Order giving the tenant a final chance to pay (usually 11 days). If the tenant pays within that period, the eviction is voided.
If the tenant does not comply with the eviction order:
An LTB order for rent arrears can be filed in Small Claims Court or Superior Court for enforcement (wage garnishment, bank seizure) if the tenant has assets or income but has vacated.
Landlord or tenant facing a rent arrears dispute?
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