L1 — Evict for Non-Payment of Rent

Non-Payment Eviction Flow

1. 1. Serve NoticeN4

   An N4 (Notice to End a Tenancy Early for Non-payment of Rent) is required before you can apply to evict for unpaid rent. Use it only when rent is actually owing. Fill in every tenant’s legal name, the exact rental-unit address, the lawful rent owing, and a valid termination date. The tenant can void the notice by paying all rent owing plus any new rent that comes due before that termination date. Keep a copy of the completed N4.

   Common errors made in N4

   • Wrong amount listed — Only include lawful rent that is unpaid. Do not add utilities billed separately, damage repairs, cleaning, key replacement, parking tickets, or last month’s rent deposit. Example: if monthly rent is $2,000 and March is unpaid, list $2,000 — not $2,000 plus a $150 hydro bill and $400 for a broken door.
   • Wrong termination date — Until September 20, 2026, the termination date must be at least 14 days after the tenant is considered to have received the notice (7 days only if it is a daily or weekly tenancy). Example: you hand-deliver the N4 on August 10 — the earliest termination date is August 24. A 7-day N4 served before September 21, 2026 is defective and can get the L1 dismissed. Starting September 21, 2026, Bill 60 shortens that 14-day period to 7 days for monthly and fixed-term tenancies. If you mail the notice, still add 5 extra days before you start counting. Unlike an N8, an N4 does not have to land on the last day of a rental period.
   • Improper service — The N4 was not delivered using a valid method, was served on the wrong person, or was only texted, messaged, or posted on the door when that is not a permitted method in your situation. If service is invalid, the LTB can dismiss the L1 even if rent is clearly unpaid.
   • Wrong names or address — Leave off a co-tenant, use a nickname instead of the lease name, or put the landlord’s mailing address where the rental unit should be. Serve every tenant named on the lease, at the rental unit (unless they agreed in writing to another method such as email).
   • Math that does not match the form — The table of unpaid periods must add up to the total rent owing. Example: listing Feb $2,000 and Mar $2,000 but writing “total $3,500” is a defect. Recalculate before you serve.
   • Including amounts that are not yet rent arrears — Do not treat NSF fees, late fees, or a deposit you never applied as “rent owing” on the N4. Those may belong in a different claim. The N4 is only for unpaid rent.

   How to serve the N4 correctly

   Three valid service methods landlords most often use:

   • Hand delivery — Give it directly to the tenant (or another adult in the rental unit, if the rules allow). The tenant is generally considered to have received it the same day. Example: you hand the N4 to the tenant in the lobby on April 3 — count the notice period from April 3.
   • Mail — Send it by regular mail to the rental unit. Add 5 extra days because the tenant is deemed to receive it on the fifth day after mailing (not counting the day you mailed it). Example: you mail on April 3 — deemed received April 8 — then add the current 14-day notice (7 days only after September 21, 2026, except daily or weekly tenancies which are already 7 days).
   • Email — Only if the tenant agreed in writing to receive notices by email. A phone number, a verbal “sure, email me,” or a message in a tenant portal is not enough. Use the email address they agreed to, and keep a copy of that written consent plus the sent email.

   Other methods can also be valid under the Residential Tenancies Act (for example leaving it in the mailbox, courier, or fax if the tenant provided a fax number). Text, social media, or taping a notice to the outside of the building is not a substitute for a valid method. Complete a Certificate of Service immediately after serving. Record the date, time, method, address or email used, and who was served. File that certificate with the L1 later — if you wait weeks, details get fuzzy and the application is easier to challenge.

2. 2. Wait 14 days

   After valid service, wait until the N4 termination date has passed. For a monthly or fixed-term tenancy that is still at least 14 days after deemed receipt (7 days for a daily or weekly tenancy). Do not use a 7-day wait on a monthly tenancy until September 21, 2026, when that change takes effect. Do not file an L1 until the termination date has passed and the tenant has not paid enough to void the N4. If they pay all rent owing plus any new rent that came due, the N4 is void and you cannot proceed on that notice.

3. 3. File ApplicationL1

   File an L1 (Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes) with the LTB, usually through the Tribunals Ontario portal, and pay the filing fee. Attach the N4, Certificate of Service, and a rent ledger showing what is still owing. Name every tenant on the lease. The LTB will issue a Notice of Hearing. The tenant can still pay and void the application in some situations before the hearing.

4. 4. LTB Hearing~3 mo

   Hearing wait times are often around three months and vary by region. Prepare an evidence package: lease, rent ledger, N4, Certificate of Service, payment records, and NSF or bank documents if relevant. Hearings are often by video. Be ready to prove the rent claimed, that the N4 was served correctly, and that it was not voided by payment. Bring organized copies for the adjudicator and the tenant.

5. 5. Eviction OrderSheriff

   If the LTB issues an eviction order, the tenant may still have a short window to pay the ordered amount and void the eviction (pay-and-stay), if the order allows it. You cannot lock the tenant out yourself. If they do not leave (and do not void the order), file the order with the Court Enforcement Office (sheriff) to enforce the eviction. Keep the order and proof of any amounts still owing.

Informational overview only — not legal advice. Confirm current forms, fees, and deadlines with the LTB before you act.