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what to do if your tenant does not pay rent

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If a Tenant Does Non Pay Rent

Information in this brochure

This brochure provides information about what can happen when a tenant doesn't pay rent. Information technology is non a complete summary of the Residential Tenancies Human activity and it is not legal communication.

Table of Contents

  • What a Landlord Can Do if a Tenant Does Not Pay Hire
    • Requite the Tenant Observe to Pay Hire or Motility Out
    • Apply for Rent Owed and to Evict the Tenant
    • Utilise for But the Rent Owed
    • If Your Tenant Has Moved Out
    • Attend the Hearing
  • What a Tenant Tin can Do if Their Landlord Applies for an Eviction and/or Payment of Rent
    • Pay everything you owe
    • Work out a payment plan
    • Attend the hearing
  • More Information
  • Contact the Landlord and Tenant Board

What a Landlord Can Do if a Tenant Does Non Pay Rent

If your tenant does non pay their rent:

  1. You tin can give the tenant a notice asking them to pay the rent they owe or motion out. If the tenant does not pay or movement out, you tin can apply to the LTB for an gild to adios the tenant and to collect the hire that the tenant owes; or
  2. Yous can employ to the LTB for an order to collect the rent that the tenant owes, without asking the LTB to make an lodge to evict the tenant.

Requite the Tenant Detect to Pay Rent or Move Out

If a tenant does non pay the total hire on the day it's due, you can employ the form Detect to End a Tenancy Early for Non-payment of Rent (N4) to tell the tenant that if they don't either pay the hire or movement out, you can use to the LTB to adios them.

Rules about termination dates

The appointment past which you want the tenant to pay the rent is called the "termination date".

If a tenant rents by the day or week, the termination date must be at least 7 days after the notice is given.

If a tenant rents month-by-month or has a lease for more than 1 month, the termination date must be at least fourteen days after the notice is given.

Notice is void if tenant pays

If the tenant pays all the rent they owe before the landlord files an application to the LTB, the Notice to Finish a Tenancy Early for Non-payment of Hire is void and the tenant does not accept to move out.

To void the notice the tenant must pay:

  • The amount of deficit (overdue rent) in the N4 notice, plus
  • Any additional rent payments that were due after they received the notice

Instance: A tenant did not pay May's rent and the landlord gave the tenant an N4 notice with a termination date of June fourth. If, on June 2nd, the tenant wants to pay the landlord everything they owe to void the notice, the tenant must pay the rent for May and June.

The Observe to Terminate a Tenancy Early for Non-payment of Hire (N4) is available at tribunalsontario.ca/ltb/forms/.

Apply for Rent Owed and to Evict the Tenant

If the tenant hasn't paid everything they owe or moved out by the termination date, you can utilize to the LTB for an order that:

  1. evicts the tenant; and
  2. requires the tenant to pay all of the coin they owe. The order will also give the tenant a chance to continue the tenancy by paying all of the rent and costs they owe by a deadline.

Use the Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes (L1). This application can be submitted by post, courier or online using the Tribunals Ontario Portal. Y'all can save time and money by filing your application through the Tribunals Ontario Portal.

The earliest day you can file this application is the day afterward the termination date in the N4 notice. Y'all tin can only file the application if the tenant is nonetheless living in the unit.

Use for Just the Rent Owed

If your tenant owes you rent but you don't desire to inquire them to move out, yous tin can employ to the LTB for an order that requires the tenant to pay you lot the money they owe. Utilise using the Application to Collect Rent the Tenant Owes (L9) form. Y'all can only file this application if the tenant is even so living in the unit of measurement. You can file this application the day afterward the rent is due.

If Your Tenant Has Moved Out

If your sometime tenant owes you money for unpaid hire or bounty, you lot tin can inquire the LTB to order your erstwhile tenant to pay you what they owe. "Unpaid rent" is coin the tenant owes y'all for rent that they didn't pay during the tenancy and "compensation" is money the former tenant owed you for time they lived in the rental unit after the tenancy ended. Apply the Application to Collect Coin the Former Tenant Owes (L10). You can simply file this application if the tenant moved out of the rental unit on or after September 1, 2021. You cannot file this application more than than one year after the date the tenant moved out.

Attend the Hearing

Once yous file an application, you will receive a hearing date. Y'all and the tenant volition receive a copy of the application and the Notice of Hearing that says when and in what format the hearing will be held. It is important that you go to the hearing. You volition have a chance to explicate why the LTB should club your tenant to pay their rent and/or adios your tenant.

What a Tenant Can Do if Their Landlord Applies for an Eviction and/or Payment of Rent

If your landlord files an application with the LTB, you tin pay what yous owe, work out a payment plan, or go to the hearing and say why you lot shouldn't pay and/or be evicted.

Pay everything you owe

If you agree with the corporeality that the landlord says you lot owe, you can pay everything yous owe before the LTB issues an order. The amount you must pay includes:

  • the amount the landlord is claiming in the application (this includes the landlord's application fee), plus
  • any new rent that came due after the application was filed.

If your landlord applied to evict you for non-payment of rent (Class L1), you tin can pay the money you lot owe to the landlord directly or to the LTB in trust at the CIBC. After the hearing, the member volition decide who gets the coin. To pay the coin in trust, call us or e-mail the office handling your file for instructions. Y'all will need a deposit sideslip or LTB trust account numbers.

If the landlord applied to collect the rent you owe (Course L9), you can pay the money you owe to the landlord directly. Make sure you get a receipt from your landlord. And so contact the LTB to see if the hearing has been cancelled. If it hasn't, you will need to become to the hearing.

Piece of work out a payment plan

You can contact your landlord to run across if they are willing to piece of work out a payment plan. You lot tin can use the Payment Agreement form, but it isn't mandatory.

If you achieve an agreement, file a copy of the agreement with the LTB before the hearing. The LTB can issue an social club based on the payment plan and, if an gild is issued, the hearing will be cancelled.

You can also try to piece of work out a payment plan on the day of your hearing with the help of an LTB dispute resolution officeholder.

Attend the hearing

If a hearing is held, yous will have a adventure to explain why the landlord should not get what they asked for. For example, if you disagree with the amount of hire the landlord claims you owe or you need more time to pay the rent, yous can heighten these issues.

At that place are other bug you can raise too. For example, if you believe that the unit of measurement is not being maintained properly, the landlord is harassing yous, or the landlord is charging an illegal corporeality of rent, you can raise these problems at the hearing. Y'all must provide the landlord and the LTB with your evidence and a list of the issues you plan to raise at least 5 days before the hearing. For more information, read the Practice Management on Evidence.

A member can delay or refuse eviction

An LTB member volition listen to both sides and make a decision nigh the application and whatsoever other issues raised at the hearing. If the member orders that the tenant be evicted, they could besides order that the tenant first be given more time to pay the amount attributable or exist given more time to movement before they are evicted. The member could also allow the tenant to pay the amount they owe using a payment programme or reject the eviction.

For More than Information

For more information, read our brochures on these related topics:

  • Issues a Tenant tin can Enhance at a Hearing about a Landlord'due south Awarding for Non-payment of Rent
  • Collecting Money a Erstwhile Tenant Owes
  • Maintenance and Repair
  • Important Information about Your Hearing
  • Arbitration at the LTB

These brochures are available at tribunalsontario.ca/ltb/brochures-videos or by calling the LTB.

Contact the Landlord and Tenant Board


Last updated: September 2021

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Source: https://tribunalsontario.ca/documents/ltb/Brochures/If%20a%20Tenant%20Does%20Not%20Pay%20Rent%20(EN).html

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