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

Terminating Tenancy for Non-Payment of Rent

As a tenant, it is important to understand your rights when it comes to non-payment of rent and how this can impact your tenancy. If you are facing financial difficulties and are unable to make rent payments, your landlord may initiate the process of terminating your tenancy. One way this can be done is by filing an Application to Terminate a Tenancy for Non-Payment of Rent (N4), which is an official form used in Ontario to start the process of eviction due to missed rent payments.

What is the N4 Form?

The N4 form is a legal document that a landlord can submit to the Landlord and Tenant Board (LTB) to begin the eviction process when rent is overdue. It is an official notice given to the tenant, informing them that rent has not been paid and that they are at risk of losing their tenancy.

For tenants, it is essential to understand that the N4 form is not an automatic eviction order but a formal step taken by the landlord to initiate the process. Tenants have a chance to respond, and there are specific steps they can take to address the situation and possibly avoid eviction.

Why Would a Landlord Issue an N4 Form?

A landlord may issue the N4 form for non-payment of rent if the tenant has not paid the full amount of rent by the due date. The N4 form can be issued if rent is unpaid for any period, such as one week or a month, depending on the payment agreement in the lease.

It is important to note that the N4 form must be issued after the rent is overdue, and the landlord cannot begin the eviction process until this notice is delivered to the tenant.

What Happens After an N4 Form is Issued?

Once the N4 form is issued, the following steps typically occur:

Notice Period: After the N4 form is delivered to the tenant, there is a specified period (usually 14 days) for the tenant to pay the overdue rent. If the tenant pays the rent within this time, the eviction process will stop, and the tenancy can continue.
Application to the Landlord and Tenant Board: If the tenant does not pay the overdue rent within the given time frame, the landlord may proceed with filing an Application to the Landlord and Tenant Board for an eviction order. This application is submitted to the LTB and can take several weeks to process.
Hearing at the Landlord and Tenant Board: If the application is accepted by the LTB, a hearing will be scheduled. The tenant will have the opportunity to present their case, and the landlord can explain why they are requesting the eviction. The LTB will then make a decision based on the evidence provided.
Eviction Order: If the LTB rules in favor of the landlord, an eviction order may be issued. The tenant will then be required to vacate the property by the specified date. However, the tenant still has the option to pay the overdue rent before the eviction is carried out to avoid being evicted.

Tenant’s Rights in an N4 Situation

As a tenant, you have rights throughout the process of receiving an N4 form. These rights include:

Right to Dispute the N4: If there is a reason why the rent was not paid, such as a dispute over the rent amount or living conditions, the tenant can raise this issue with the LTB. You also have the right to request a hearing to explain your situation.
Right to Pay Rent and Stay: If you pay the full overdue rent within the specified period (usually 14 days), the N4 form becomes void, and the eviction process stops.
Right to Seek Assistance: If you are facing financial difficulty, you may be able to negotiate with the landlord or seek legal advice to reach a resolution without eviction. A paralegal can help you understand your options and negotiate with your landlord.

How a Paralegal Can Assist with an N4 Form

A paralegal can provide valuable assistance to tenants facing the N4 form and eviction proceedings. Here’s how a paralegal can help:

Reviewing the N4: A paralegal can review the N4 form to ensure that the landlord followed the correct legal process and that all necessary documentation is in order.
Representation at the LTB Hearing: While paralegals cannot represent you in court, they can assist with preparing the necessary documents and helping you understand your rights during the hearing at the Landlord and Tenant Board.
Negotiation with the Landlord: A paralegal can help negotiate with the landlord on your behalf, discussing potential repayment plans or other resolutions to avoid eviction.
Assistance with Payment Arrangements: If you are unable to pay the overdue rent in full, a paralegal can help facilitate a payment arrangement with your landlord or represent you during negotiations to prevent eviction.

Possible Defenses for Tenants Facing Eviction

While the N4 form can lead to eviction, there are potential defenses that a tenant can present to avoid losing their home. Some common defenses include:

Rent Was Paid: If the rent was paid on time but the landlord failed to properly account for it, tenants can present proof of payment at the LTB hearing.
Repair Issues: If the landlord has failed to maintain the property and provide essential services, tenants can argue that this failure contributed to their inability to pay rent.
Health or Financial Hardship: In some cases, tenants may be able to show that health issues or financial hardship caused them to miss payments, and they may be able to work out a repayment plan with the landlord.

What to Do if You Receive an N4

If you receive an N4 form, it is important to act quickly. Here are the steps you can take:

Review the N4 Form: Ensure that the landlord has properly issued the form and that it complies with the law.
Pay the Rent: If possible, pay the overdue rent within the specified time frame to avoid eviction.
Seek Legal Assistance: If you cannot pay the rent or need assistance with negotiating or understanding the N4 form, contact a paralegal for advice and support.
Attend the LTB Hearing: If the case proceeds to the LTB, ensure that you attend the hearing and provide any necessary evidence to support your case.

Need Help Navigating the N4 Process?

If you’ve received an N4 form or are facing eviction due to non-payment of rent, don’t wait to get help. A paralegal can assist you in understanding your options, preparing the necessary paperwork, and negotiating with your landlord to avoid eviction. Contact us today to schedule a consultation and ensure your rights are protected.