N4 Eviction for Non-Payment of Rent
When a tenant fails to pay rent regularly, Ontario landlords must follow a strict legal process under the Residential Tenancies Act, 2006 (RTA) before seeking eviction. The first step is serving the tenant with a Form N4 – Notice to End Tenancy for Non-Payment of Rent.
Without a properly completed and properly served N4 notice, a landlord cannot apply to the Landlord and Tenant Board (LTB) for an eviction order. Any errors—incorrect names, addresses, rent amounts, or service method—can make the notice invalid, forcing landlords to start over and lose more time and rent.
At Haider Khan Legal P.C., we represent landlords from start to finish, ensuring your eviction is done right the first time. We have extensive experience at the landlord and tenant board, have appeared in many complex hearings, and over many different kinds of applications. We have the skills, time-tested experience, and expertise to ensure a successful eviction with an order for payment of the full outstanding arrears. Several of our successful results and obtained orders are featured on platforms such as OpenRoom and RentZen, reflecting our proven track record in achieving favorable outcomes for our clients.
The full tenant eviction process, from serving the initial notice to obtaining an eviction order, can typically take between three to six months. However, we are seeing significant improvements in Landlord and Tenant Board (LTB) scheduling, with L1 and L9 applications now often being resolved closer to the three to four month mark.
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Our all-inclusive package covers:
A legal fees payment plan of up to three (3) months.
Preparation and proper service of the N12 Notice. Process serving fees are included.
Filing the L2 eviction application with the LTB (our fee includes the $186 LTB filing fee).
Drafting, organizing and serving evidence.
Preparing and coordinating relevant witnesses.
Attending the LTB hearing and representing you before the adjudicator.
Securing an eviction order.
If the tenant still refuses to leave after the order is granted, we will prepare and file sheriff enforcement paperwork (sheriff fees are not included and payable directly by the landlord to the Sheriff of your jurisdiction).
Please note that this fee only applies to standard tenant evictions for personal use. If your case is complex or requires extra steps, we reserve the right to quote an additional or increased fee. -
59 (1) If a tenant fails to pay rent lawfully owing, the landlord may issue an N4 notice to terminate the tenancy:
(a) 7 days after notice (daily or weekly tenancy); or
(b) 14 days after notice (all other tenancies).
(2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2006, c. 17, s. 59 (2).
(3) The notice of termination is void if, before the day the landlord applies to the Board for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays,
(a) the rent that is in arrears under the tenancy agreement; and
(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given.
2006, c. 17, s. 59 (3).
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Many landlords lose their cases because of:
Incorrect tenant names (must match the lease and identification exactly).
Wrong rental address (including missing unit/apartment numbers).
Incorrect rent arrears calculation (failing to account for partial payments).
Improper service (e.g., not serving according to RTA rules, or not giving proper notice periods).
Any of these errors can make your notice invalid and cause the LTB to dismiss your case, forcing you to restart the entire process.
Why Choose Haider Khan Legal?
The eviction process can be complex and is often contested by tenants. Common challenges include:
Clerical or procedural mistakes as mentioned above,
Tenants filing maintenance or rights disputes to delay or stop eviction.
Requests for payment plans or extensions that can stretch the process for months.
Tenants appealing or seeking reviews to stall enforcement.
Our licensed paralegals and lawyers attend the LTB regularly and understand how to navigate these disputes while protecting your rights and your rental income.
If you wish to avoid eviction by arranging a payment plan, we seek mediated payment agreements that include eviction clauses if the tenant defaults again under s.78 of the RTA. If you already have a mediated or consent order from the LTB, we can assist in enforcing it, including obtaining a written eviction order if the tenant remains in default.
Delays in starting the process can result in months of unpaid rent. Even a single filing mistake can set you back months. By having our team handle the entire process, you can ensure your eviction proceeds as quickly and smoothly as possible.
For $1,450 + HST (including LTB fees and process serving), our team will handle your entire N4 eviction, from notice to hearing, so you can focus on protecting your property and cash flow.
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