What is an N4 Notice?

An N4 Notice is a legal document from the Landlord and Tenant Board (LTB) that a property owner can serve their tenant if rent is owed. Unforeseen circumstances can sometimes lead to missed rent payments. If you were unable to pay your rent, even a day later, property owners can give you an N4 Notice to evict you from your rental.

Most importantly, you do not have to move out by the termination date shown on the N4 notice. The notice gives you a 14-day period to pay the rent that is owed as shown by the Landlord. You also will void the notice if you pay off all your arrears and any new rent that is due on or before the termination date on the notice.

If you are faced with financial difficulties and you can’t pay the full amount of rent that is owed, it is possible your property owner may apply to the LTB for an eviction hearing. It is important to present evidence and explain the reasons and circumstances of why you can’t pay rent when at the hearing. After this, an LTB Member would decide whether to grant the landlord’s eviction application.

If you disagree with the amount that the property owner claims you owe, there are a few options to consider. You can wait for your property owner to file an application and for a hearing to be scheduled. If the hearing is called, you will be able to explain your reasons for disagreement on the amount owed. Supply evidence for the LTB Member in advance to be prepared.

Understand the Process

Remember: All (and each) of the below steps would no longer apply if you pay your rent owed.

1. Tenant has overdue rent. Rent is considered overdue on the immediate next day when rent is supposed to be paid.

2. Landlord serves you with an N4 - Notice to End Your Tenancy Due to Non-Payment of Rent.

3. Landlord files the Form L1 - Application to Terminate Tenancy Due to Non-Payment of Rent and to Collect Rent the Tenant Owes application.

4. Landlord and Tenant waits for the Landlord and Tenant Board (LTB) to schedule a court hearing.

5. Landlord and Tenant attends the hearing virtually (or in person where/if applicable).

6. The Court Order is sent out.

7. Landlord files with the Sheriff’s Department for eviction.

8. Sheriff evicts Tenant and gives Vacant Possession to the Landlord.

9. Tenant has 72 hours after that to retrieve items left at the rental property.

Make Sure The Notice is Filled in Correctly.

For the notice to be filled in correctly, review the following:

Make sure the notice was served correctly:

• 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.

Additionally,

1. Make sure your name(s), and unit address are correct. This includes unit number, basement, or any additional information. 

2. Make sure the actual rent owed amount is correct. There needs to be a full accounting for any missing rent. The notice may be invalid if it is the wrong amount. 

If you have any questions. Please contact a licensed legal professional. 

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Michael Joseph Kaufman

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