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Landlord & Tenant

Ontario Rent Arrears: N4 Notice, L1 Application & LTB Orders

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.

Step 1: The N4 Notice to End Tenancy (Landlords)

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:

  • The amount on the N4 must be exactly correct — an inflated amount voids the notice
  • The N4 can only include rent, not NSF fees, utilities (unless part of rent), or other charges
  • The termination date must be at least 14 days after the N4 is served
  • Service can be done by hand delivery, mail (add 5 days), or leaving it in the mailbox

An N4 is not an eviction order — it is just notice. The tenant still has the right to remain until an LTB hearing.

The Tenant's Right to Void the N4

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.

Step 2: L1 Application to the LTB (Landlords)

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:

  • Can be filed the day after the N4 termination date
  • Covers rent arrears up to the date of the hearing
  • Filing fee: $201
  • A hearing is scheduled — currently most hearings are by telephone or video

What Happens at the LTB Hearing

ScenarioLikely Outcome
Tenant pays all arrears before hearingApplication withdrawn or dismissed
Tenant proposes repayment plan (PAO)Conditional order: pay by set dates or evicted
Tenant raises T2/T6 maintenance issuesAbatement may offset arrears owing
Tenant cannot pay; no planStandard 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.

Enforcing an LTB Order: Sheriff Enforcement

If the tenant does not comply with the eviction order:

  1. The landlord files the order with the Court Enforcement Office (Sheriff)
  2. The Sheriff schedules an enforcement date and notifies the tenant
  3. On the enforcement date, the Sheriff attends and the tenant must vacate
  4. The landlord cannot change locks or remove belongings without the Sheriff — doing so is an illegal eviction and exposes the landlord to significant liability

Collecting the Money Judgment

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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