My tenant in Ontario stopped paying rent — how do I get them out and recover the arrears?
A landlord must serve an N4, wait out the notice period, then apply to the Landlord and Tenant Board on Form L1 for termination and arrears — self-help lockouts are an offence.
Non-payment cases start with an N4 notice setting out the exact arrears. The tenant can void the notice by paying in full before the termination date. If they do not, the landlord applies to the Landlord and Tenant Board using Form L1 for an order terminating the tenancy and awarding the arrears, and may combine it with an L9 for rent owing.
Accuracy on the N4 is decisive. An incorrect amount, wrong termination date, or defective service is the most common reason a landlord's application is dismissed and has to be restarted months later.
Only the Sheriff can enforce an eviction order. Changing locks, removing belongings or cutting services exposes the landlord to fines and to a tenant application for damages.
Source: Residential Tenancies Act, 2006, S.O. 2006, c. 17, ss. 59, 69
This work is handled by Samoy Gordon (Landlord & Tenant Board). Read more about landlord & tenant board at VK Law Group, or send us the facts and we will tell you where you stand.
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