When an Ontario tenant fails to pay rent, the first and most critical legal document a landlord must use is the N4 Form: Notice to End a Tenancy Early for Non-payment of Rent. This notice is the mandatory prerequisite for initiating the eviction process at the Landlord and Tenant Board (LTB).
Understanding how to correctly complete and serve this form is paramount, as even small errors can lead to your subsequent eviction application being dismissed.
What is the N4 Form?
The N4 is a formal, written warning. It officially informs the tenant that they have an outstanding rent balance and sets a termination date by which they must either pay the full amount owed or move out.
It is crucial to remember that the N4 is not an eviction order; only the LTB can issue an eviction order. The N4 is simply the notice required to allow you to file an application for eviction (the L1 Form) later.
Key Rules for Issuing a Valid N4
The validity of your entire eviction case rests on the accuracy and compliance of this notice.
1. When to Serve
You cannot serve the N4 on the day rent is due. You can only serve the notice on the day after the rent payment was missed. For example, if rent is due on the 1st, the earliest you can serve the N4 is the 2nd.
2. Calculating the Termination Date
The required notice period depends on the type of tenancy payments:
- Monthly, Bi-weekly, or Yearly Tenancy: The termination date must be at least 14 days after the date the tenant receives the notice.
- Daily or Weekly Tenancy: The termination date must be at least 7 days after the date the tenant receives the notice.
When counting days, do not include the day the notice is served.
3. What to Include in Rent Arrears
You must be precise when listing the amounts owed. The N4 can only include overdue rent.
- Allowed: Basic rent and any fixed, monthly payments that are defined as rent in your lease (e.g., flat-rate parking or utilities).
- NOT Allowed: You cannot include charges like late fees, NSF charges, court costs, or utility bills the tenant pays directly to the provider. Including these non-rent charges will likely invalidate the entire notice.
The Tenant’s Options: Voiding the Notice
The N4 is a “voidable” notice. This is a critical feature that differentiates it from most other notices.
- If the tenant pays the full amount of rent owed (the arrears listed on the N4 plus any new rent that has become due) on or before the specified termination date, the N4 is automatically voided (cancelled), and the tenancy continues.
- If the tenant makes a partial payment, the landlord must accept it, but the notice remains valid, and the landlord can still proceed with the L1 application if the full amount is not paid by the deadline.
The Next Step: Filing the L1 Application
If the termination date passes and the tenant has neither paid all the rent nor moved out, the landlord can proceed to the next stage of the eviction process.
- Application Form: File the L1 Application (Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes) with the LTB.
- Filing Date: You can only file the L1 application starting the day after the termination date on the N4.
- Required Documents: You must file the L1, a copy of the N4, and a completed Certificate of Service to prove that the N4 was delivered correctly to the tenant.
Mistakes in completing the N4 are the number one reason LTB applications are dismissed, forcing the landlord to restart the process.
