Application to End a Tenancy for Non-Payment of Rent (N4)

Dealing with Non-Payment of Rent as a Landlord

As a landlord, it’s important to ensure that your tenants are fulfilling their rental obligations. However, sometimes tenants may fail to pay rent, causing financial strain. If you find yourself in a situation where a tenant is consistently late or has failed to pay rent, the Application to End a Tenancy for Non-Payment of Rent (N4) may be necessary to resolve the issue.

What is the N4 Application?

The N4 Application is a legal process through the Landlord and Tenant Board (LTB) that allows landlords to request the termination of a tenancy agreement due to non-payment of rent. It is used when a tenant has failed to pay rent on time, or the outstanding balance remains unpaid for a certain period. This application is one of the formal steps you must take to begin the eviction process if a tenant does not pay their rent.

When to File an N4 Application

As a landlord, you should file an N4 Application when a tenant has failed to pay rent for the following reasons:

Missed Rent Payments: The tenant has missed one or more rent payments as per the lease agreement.
Rent Arrears: The tenant owes you rent, and they have not paid after a reminder or request.
Payment Delay: Despite efforts to resolve the situation, the tenant continues to delay payment or refuses to make the necessary payments.

Before filing an N4 Application, it is important to make sure that the tenant’s rent is truly overdue and that you have attempted to communicate and resolve the issue informally. Ensure you have a clear record of the missed payments.

Steps to File the N4 Application

Filing an N4 Application involves several steps to ensure the process is completed correctly:

Serve the N4 Notice: As a landlord, you must serve your tenant with an N4 Notice. This notice informs the tenant that you are seeking to end the tenancy due to non-payment of rent. The notice must be served at least 14 days after the rent was due.
Provide Details of the Debt: The N4 Notice should detail the rent owed and the time frame in which it was due. You should include any applicable late fees, if applicable under the lease agreement.
Wait for the Tenant’s Response: After serving the N4 Notice, the tenant has an opportunity to pay the outstanding rent or reach a resolution. If they fail to pay or reach an agreement within the notice period, you can proceed with the next steps.
File the Application with the Landlord and Tenant Board: If the tenant does not pay the rent or resolve the issue within the specified period, you can file the N4 Application with the Landlord and Tenant Board. You must submit the application along with the required fee and supporting documentation, including proof of the outstanding rent.
Attend the Hearing: Once the application is filed, the LTB will schedule a hearing. You and the tenant will both have an opportunity to present your case. Be sure to have all relevant documents, such as the lease agreement, payment history, and the N4 Notice you served.

What Happens After Filing the N4 Application?

After filing the N4 Application and attending the LTB hearing, the Board will review the case and make a determination. Possible outcomes include:

Termination of Tenancy: If the tenant has failed to resolve the issue and does not have a valid defense, the LTB may order that the tenancy be terminated. The tenant will be required to vacate the rental property.
Payment Plan: If the tenant acknowledges the debt, the LTB may allow for a payment plan or time extension to pay the arrears, preventing immediate termination of the tenancy.
Rent Reduction: In some cases, the LTB may order that the tenant pay rent arrears in installments or make adjustments to the payment schedule.
Eviction: If the tenant still does not comply with the order, the LTB can issue an eviction order, which allows the landlord to take further action to remove the tenant.

Why File the N4 Application?

Filing an N4 Application is an essential tool for landlords dealing with tenants who have failed to pay rent. Taking this formal step helps you:

Regain Control of the Property: If a tenant consistently fails to pay rent, the N4 Application is the first step to regaining control over the property and terminating the tenancy.
Recover Outstanding Rent: The application allows you to pursue the recovery of unpaid rent through legal means.
Protect Your Investment: As a landlord, timely rent payments are essential for maintaining and managing your property. By filing the N4 Application, you are protecting your investment and ensuring that tenants uphold their obligations.

How a Paralegal Can Help with the N4 Application

While landlords can handle the N4 Application process themselves, working with a paralegal can help streamline the process. A paralegal can assist you with:

Serving the N4 Notice: Ensure that the notice is properly served to your tenant and that it complies with legal requirements.
Preparing and Filing the Application: Paralegals can assist in preparing the application for the Landlord and Tenant Board, ensuring all necessary documentation is provided.
Representing You at the Hearing: While paralegals cannot represent you in court, they can provide valuable guidance during the hearing and help organize your case for a favorable outcome.

Take Action on Non-Payment of Rent

If you are dealing with a tenant who is not paying rent, filing the N4 Application is a crucial step to protect your rights as a landlord and ensure that your property is properly maintained. Act promptly to resolve the situation and avoid further complications.

Need Assistance with Your N4 Application?

If you are experiencing issues with tenants not paying rent, we are here to help. Contact us today to discuss your options for filing the N4 Application and ensure the process is handled efficiently and effectively.