N4 Form – Notice to End a Tenancy Early for Non-payment of Rent is served to the tenants by the landlords in Ontario, Canada. This is served to warn the tenant to rectify the situation within a deadline. The tenant can either make the due payment or move out of the rental unit.

Click here to view N4 Form online or download the PDF of the N4 Form.

In this article, we will discuss what to do when a tenant does not pay on time or withholds the rent and how to sort it out with an N4 Form.

When is the N4 Form – Notice to End a Tenancy Early for Non-payment of Rent Used?

The N4 Form is a notice the landlord serves to a tenant when the rent is due from the agreed payment date. The landlord can serve the Notice as soon as the next day of the due date.

If the notice does not get void, the Landlord can then apply to the Tenant Board (LTB) of Ontario, Canada, for the termination of the tenancy. The LTB will call out for a hearing. If the LTB issues the eviction order, the tenants will not have to move out before the tenancy’s termination date.

Be aware of the time frame of the process, as it can take an average of 3 to 4 months to be completed.

When is the Notice Void?

The notice is void:

1. If the tenant(s) pay the rent afterward;
2. If they decide to move out voluntarily. The landlord can rent the property to another tenant.

What Informations are Required for the Landlord to fill out the N4 Form?

Before filling out the information, some boxes must be crossed out on the first page. This is to ensure that you comply with the rules stated by the LTB before you serve this notice to your tenant. The N4 Form is a legal document that should be read thoroughly, understood, and reviewed before signing. Follow the instructions properly.

The boxes next to the following seven questions must be crossed out for the N4 Form Notice to be valid:

1. Have you waited until the day after the rent was due to give this notice to the tenant?
2. Did you fill in the correct termination date?
3. Did you name each tenant who has possession of the rental unit?
4. Did you fill in the complete address of the rental unit?
5. Did you check your math?
6. Did you include only rent amounts?
7. Did you sign and date the notice?

Then, the following pieces of information are needed to fill out the Form and to be a valid agreement:

The Name of the Landlords and Tenants

• Under “To”
  The Legal Name and the Nickname (if the tenant has one) must be included. This should consist of the names of all the tenants if it is a joint tenancy.
• Under “From”

The Legal Name of the Landlord

Address of the Rental Unit

The Rental Unit’s Full Address with specifics such as the Postal Code, Unit Number, Basement, and Main Floor must be stated.

The Date the Tenancy Will End

The tenant should provide the date of the end of the tenancy.  The termination date depends on the type of tenancy the tenant has with the landlord.

If the tenant has a weekly or daily tenancy, the termination date must be at least seven days after the notice is served.

For tenants with a monthly or any other type of tenancy agreement, the termination date must be at least 14 days after the notice is served.

Leave out the date you give the tenant notice while calculating the number of days.

Due Rent Details and Calculation Box

Only the Basic Rent has to be put in this form to request payments. Also, any other payment the tenant pays separately, for example – Parking Fees, should be included.

The tenant’s utility payments to the utility provider directly or indirectly through the landlord are not regarded as rent. But if the tenant is to pay a fixed amount every month for the utility, this will be part of the rent.

You can combine two or more rental periods in the first or second row of the table if the rent is due for more than three rental periods. However, you must indicate the rent charged, received, and owing for the most recent rent period for which the rent is owed.

Signature of the Landlord/Representative

Shade the circle if you are the landlord. Shade the circle labeled “Representative” if you represent the landlord. Enter your name and phone number. Then sign the notice and include the date.

For the Representative’s case, additional information must be provided, such as company name (if applicable) and mailing address. Include your phone number and, if applicable, fax number too.

The smallest of mistakes can make an N4 Form invalid. You should keep a duplicate of the notice for proof. After filling up the N4 Form, the Applicant must submit it to the Landlord.

Technical Notes

• You cannot edit the form online.
• You must use Adobe Acrobat Reader on your computer to edit the form. You can download the software free from Adobe’s Website.
• If you are using the website of Landlord and Tenant Board, Ontario, to download Form 11, clean your Browser’s cache to access the updated version of the Form. You can do this by simultaneously clicking Ctrl+Shift+Delete or clicking the “Ctrl” and “F5” keys.

Most browsers cache (or store) documents on your computer to access them faster later on; thus, clearing the cache is a best practice.

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What happens after the Landlord gives the notice of the N4 Form?

If the tenant fails to comply with the notice, does not pay the outstanding balance, or ignores the notice, file the L1 application with the Landlord and Tenant Board as quickly as possible. Upon receiving the application, this will start the hearing and eviction process, and the LTB will notify you of the hearing date.

The landlord can be present at the hearing, or a legal representative must be on his behalf. Otherwise, the landlord will not get a favourable outcome.

If all goes in favour of the landlord, the Adjudicator or Judge will give an Eviction Order.

On the hearing day, the landlord must demonstrate to the board how many times they have reached out to the tenant to request a repayment plan, i.e., they have accommodated their tenant.

Suppose the landlord can demonstrate that the tenant has not responded. In that case, the board will either issue an eviction or, if the tenant has responded positively, the board will put together a repayment plan on the spot. A fixed amount, however, cannot be agreed upon.

The board will then decide what amount is reasonable.

If the tenant still does not move out, schedule the eviction with the Sheriff, who will hand a notice to the tenant. If that does not work, the Sheriff can enforce the removal.

The Fee for the L1 Form is CAD $201

Section 82 and Section 83 of the Residential Tenancies Act, 2006, Ontario

Section 82 allows the tenant to justify the reasons, issues or concerns as to why they haven’t paid the full rent or part of the rent. Some examples can be the landlord requesting illegal deposits, not making the requested repairs, or not tending to maintenance concerns.

The tenants can also raise issues under Section 83 of the Residential Tenancies Act to delay the eviction. This is concerned with the personal issues of the tenant, which should be looked upon with a soft side, such as the tenant being a single mother and having to be evicted in the winter season. This can delay or deny the eviction.

How to Deliver the N4 Form – Notice to End your Tenancy at the End of the Term?

The landlord must provide the filled-out N4 Form to end the tenancy.

The notice can be delivered personally to the tenant via letter, fax, or courier.

It can be delivered directly but must be to the adults of the rental unit.

Keep a record, such as the Post Office Receipt, if the notice is sent by mail. Be aware that the law dictates to give the Landlord an additional 5 (Five) days to receive the notice via mail.

Keep a duplicate of the fax confirmation sheet if you fax the notice. The date should of the day it is faxed.

If sent by a courier, an additional Working Day should be provided for delivery.

It can be left in the tenant’s mailbox or can be placed under the door of the rental unit.  Furthermore, it can be placed through the mail slot in the tenant’s door.

If you wish to know more about how to serve the documents to your tenant, click here.

Certificate of Service (COS)

A Certificate of Service is necessary for the N4 Form Notice.

When submitting an application for the N8 notice, a one-page document known as the Certificate of Service is also included. Additionally, this is filed to let them know how and when the tenant was served with an N4 Form notice or other paperwork.

If you neglect to serve a document you were required to, your application or case might be rejected. If you serve a document improperly, you must demonstrate how and when the other party got the document at the hearing.

Similar to how the N4 Form is served, the Certificate of Service may also be emailed with the other party’s express written consent.

Click here to download the Certificate of Service (COS).

What to Do If You Have Any Questions about N9 Form?

You can get detailed instructions with the LTB Manual for N4 Form.

If you need more information about this Form or your rights, contact the Landlord and Tenant Board by:

Visiting their website with the following link: tribunalsontario.ca/ltb

Calling the LTB to speak to one of the Customer Service Officers:

Within the Toronto calling area: 416-645-8080

From outside Toronto: 1-888-332-3234

Note: Customer Service Officers are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m.

You can also access their automated information menu at the numbers listed above, 24 hours a day, 7 days a week.

Conclusion

Dealing with such problems can be overwhelming, but being aware of the ins and outs provides some relief.

To resolve disputes and get legal advice, reach out to The Landlord and Tenant Board (LTB). You may visit the website of  The Landlord and Tenant Board (LTB) of Tribunals Ontario to learn more, including the Residential Tenancies Act. It is always best to consult a qualified Legal Professional for further information about Ontario’s N4 Form and other dimensions of related laws.