The process to evict a tenant for non-payment of rent is multi-step process. The first step is to serve the tenant with the required N4 notice.

When a tenant has stopped paying their rent, if you wish to evict them, you must first serve them with an N4 notice. It can only be completed starting on the date that rent is due, but has not been paid. (i.e. you may serve this notice the day immediately following the day that rent is due.) To actually serve the tenant with an N4 notice, you can use a few different methods:

• Hand it directly to the tenant or to an adult in the rental unit;

• Leave it in the tenant's mailbox or where mail is ordinarily delivered; 

• Place it under the door of the rental unit or through a mail slot in the door;

• Send it by fax to a fax machine where the tenant carries on business or to a fax machine in their home;

• Send it by courier; or  

• Send it by mail. 

Notice can not be served by posting a notice to the door, or any other method that is not listed above. The termination date for this notice is 14 days from service of the document if your tenant pays rent monthly, yearly, or bi-weekly. The termination date for this notice is 7 days if the tenant pays rent weekly.  

Once you wait until the day after the termination date, you can file an L1 Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes. If the tenant pays the rent that is owed at any point, the application and notice are deemed void. 

Read the instructions of the application carefully. Any error will prove to be fatal for the application, resulting in the matter being dismissed. 

To file this application, you must include the following: 

• The completed L1 application form, 

• A copy of the N4 Notice to End Your Tenancy for Non-payment of Rent form you gave the tenant, 

• The Certificate of Service showing how and when you gave the tenant the N4 form, 

• The application fee (listed on the cover page of the application) 

Your application will be refused if any of the items listed above are missing. 

At some point after filing the L1 application, the Landlord and Tenant Board will assign you a hearing date. 

If you are successful at your hearing, the adjudicator will order that the tenant be evicted from the property. A sheriff will be needed to actually carry out the eviction order on the property. 

To have your application completed properly, the first time, consider hiring a Licensed Paralegal to assist you. 

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Michael Joseph Kaufman

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Kaufman Paralegal Services