By Christopher A. L. Hall, Licensed Paralegal – NorthPoint Legal
Welcome to the comprehensive guide for landlords seeking to navigate the eviction process smoothly and efficiently. Did you know that the Landlord and Tenant Board (LTB) received over 40,000 eviction applications last year? And almost half of these applications arose from a tenant, or tenants, being served an N4 Notice?
I am Christopher Hall, a Landlord Paralegal at NorthPoint Legal, and I’m here to guide you through the crucial first step of the eviction process for non-payment of rent – the N4 Notice.
As a landlord, facing the challenge of non-paying tenants can be stressful and overwhelming. However, rest assured you do have options to start the eviction process with a powerful tool – the N4 Notice, formally known as the “Notice to End Your Tenancy Early for Non-Payment of Rent”. This notice is a landlord’s first step in initiating the eviction process and allows you to assert your rights as a landlord and address non-payment issues.
In this article, we’ll answer five critical questions about the N4 Notice:
- When to use an N4 Notice?
- How to fill out an N4 Notice?
- How to give the N4 Notice to my tenant(s)?
- What steps to take after giving N4 Notice to your tenant(s)?
Timing Matters: When and How to Serve the N4 Notice
The N4 Notice is used as the first step within the eviction process at the LTB. It is crucial that this step be taken seriously and completed without errors or omissions, as it can be fatal to your application that you will make before the board further down the eviction process (see “Steps to take after giving N4 Notice”).
The N4 can be used immediately following a default of rent by your tenant(s). For example, if rent is due on August 1, the landlord could serve this notice as early as August 2, if the rent was not fully paid.
It is important to start this process within the LTB and serve your tenant this notice if they have defaulted on rent. Even if you believe your tenant may eventually pay. Starting the process as soon as the rent payment has defaulted will help you throughout the eviction process, if it proceeds to that.
If the tenant(s) are longer living at the unit, do not fill out this form. Instead, apply to the tribunal for the money owed.
Filling Out the N4: Avoiding Costly Mistakes
It is crucial that the form is filled out accurately. Errors or omissions from the form could result in the board member dismissing your application for eviction, costing you several months of time and lost rent in the process.
Page One:
Under To:
Fill in the name of the tenant(s), as well as any subtenant or assignee, if applicable, should be added. You do not need to add other occupants or children that reside in the unit.
Under From:
Fill in the name of the landlord. Include all landlords if there is more than one.
Under Address:
Enter the address of the rental unit.
In this box on Page One:
Do not fill out the total amount of rent owing in this box until you have calculated the amount using the formula on Page Two.
The termination date is determined by the type of tenancy held.
If the tenant pays rent monthly, bi-weekly, or yearly, the termination date must be at least 14 days after serving the tenant this notice.
If the tenant pays rent daily or weekly, the termination date must be at least 7 days after serving the tenant this notice.
Page Two:
In this table you will need to provide the following information:
- The rental periods that the tenant did not pay the full rent amount,
- The rent amount that was charged during these periods,
- The amount that the tenant paid (if any) during each period, and
- The total amount of rent the tenant owes you
The “rent” amount includes the rent amount charged to the tenant, as well as any other amount the tenant pays separately for other services such as parking or internet. Also, be sure to include any utility costs the tenant pays to you in a flat rate amount each month.
It is important to note that if the tenant is responsible for paying the utility companies directly, and has failed to do so, this is not the appropriate form to collect the amount owing.
If the tenant owes more than three months rent, you can combine two or more rental periods in the first and second row of the table. However, in the last row you have to show the rent charged, rent paid, and rent owing specifically for the last rental period for which the tenant owes rent.
Signing the Document:
If you are the landlord, highlight the circle marked “Landlord” and sign and date the application.
If someone else is representing the landlord and serving the notice on their behalf, their information needs to be provided here. Important to note that “representatives” apply commonly to lawyers and paralegals representing their clients. For example, if you are serving the notice by courier, do not provide the couriers information as your representative of the notice.
If you require help with the forms, reach out to a licensed paralegal that can assist you with drafting the forms accurately and ensuring success in your application for eviction. You can access a low cost service where you are provided peace of mind that the notice has been drafted correctly. If your forms are found to be invalid, you will have to start the entire process over again.
Delivery Options: How to Serve the N4 Notice To My Tenant(s)
You have several options for providing the notice to the tenant. You can do any of the following:
- Hand it directly to the tenant or anyone that appears to be an adult in the rental unit,
- Leave it in the tenant’s mailbox or where mail is regularly obtained,
- Sent it by courier,
- Send it by mail, or
- Send it by fax to a place where the tenant carries on business or a fax machine present in their home.
You cannot give this notice to the tenant(s) by posting it on the door! It will be deemed not to be served properly by the tribunal.
What’s Next: Steps After Serving the N4 Notice
First thing you need to do is keep a copy of the notice you gave the tenant for your records. You will need this, as this notice is just the first step in a lengthy tribunal process. Also, keep record of how you served the tenant(s) this notice, as you will need to provide proof by way of a “Certificate of Service” if the matter proceeds to the next steps of the eviction process.
If the tenant pays all outstanding rent they owe by the termination date you have set in this notice, the notice will become void and the process for eviction stops. You will have to serve a new notice if the tenant(s) default on rent in the future.
If the tenant does not pay the rent they owe or does not vacate the unit by the termination date set, you can apply to the next step of the eviction process. You can start this application as early as one day following the termination date in the notice.
The next step in the eviction process, and to collect the rent owed to you, includes drafting and filing a Form L1: Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes. A guide to covering this step of the eviction process will be coming soon!
At NorthPoint Legal, we focus exclusively in representing landlords before the Landlord and Tenant Board, making us an extremely effective resource to landlords all across Ontario. As a licensed paralegal that is actively before the tribunal, I am passionate about providing landlords with the support they need to navigate the eviction process. To discuss your unique situation and explore affordable legal options, contact me at paralegalchrishall@gmail.com for a complimentary consultation. Your peace of mind and rental property success are our top priorities.