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Rent Arrears

Landlord & Tenant

Rent Arrears

As a tenant living in Ontario, you may be facing difficult financial times due to the current economic climate. If you are unable to make your rent payments, you should know that you have rights and that you do not have to face this situation alone. A lawyer can help you understand your rights and obligations as a tenant, and find a solution that is best for your situation.

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Rent Arrears

As a tenant in Ontario, you may find yourself in a difficult situation with unpaid rent for a residential rental property. In such cases, you should always seek professional legal advice to help you navigate the situation and protect your rights.


Cordaie Paralegal Services can provide you with valuable advice about the law and your rights as a tenant in Ontario. We can help you understand the process for paying the rent or negotiating a payment plan with your landlord. Depending on the circumstances, we may be able to help you get a reduction in the amount of rent owed. It is important to note that the landlord cannot make changes to the rental agreement without the tenant’s consent.


Our team can also help you understand the eviction process in Ontario. It is important to be aware that a landlord cannot evict a tenant without a court order. There is a specific process that must be followed in order for an eviction to take place. Our paralegals can help you understand the process and your rights throughout the whole process.


We can also help you understand the Residential Tenancies Act, the law that governs tenant and landlord relationships in Ontario. We can explain the rights and obligations of both parties, and help you understand any issues related to the rental agreement.


No matter the situation, it is always a good idea to speak with Cordaie Paralegal Services if you are facing unpaid rent for a residential rental property in Ontario. We can provide you with valuable advice and guidance to help you navigate the situation.


Discover more about your rights with a free consultation. Call us at 844-4-WIN-4-ME.



Tenant Owes Rent

As a resident of Ontario, you may find yourself facing an unpaid rent issue. It can be a difficult and confusing process to navigate on your own, which is why it is important to understand how we can help.


Cordaie Paralegal Services can provide valuable guidance when dealing with unpaid rent. We can help you understand your legal rights and obligations under the Residential Tenancies Act, such as the rules around how much notice must be given when terminating a tenancy agreement. We can also help you understand the implications of entering into a repayment agreement with your tenant and the legal remedies that may be available if your tenant fails to comply.


Our paralegals can also help you to understand the steps involved in filing for an eviction. This includes providing you with information about the procedures for filing for an eviction and the timelines involved. If required, we can even represent you in court if you need to take legal action against your tenant.


If your tenant has not paid rent as agreed, we can also help you to gather evidence. This could include collecting evidence of missed payments and any documentation related to the tenancy. This evidence can be used to support your case in court if it comes to that.


Finally, our team can provide you with the necessary documents to file a claim for unpaid rent in the Landlord and Tenant Board. This process can be complicated and it is important to ensure that all the required documents are completed and filed correctly.


Overall, Cordaie Paralegal Services can provide invaluable assistance when dealing with unpaid rent in Ontario. From providing guidance on tenant rights and obligations to helping you to understand the eviction process, our paralegals can help ensure that your rights are protected.



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Rent Arrears

Some information that you should know about rent arrears.

Rent Not Paid On Time

There are several ways to deal with tenants who fail to pay their rent on time, including eviction.


Landlords must follow these steps:

  • In the first instance, the landlord will give a Notice to End Tenancy Early for Non-Payment of Rent (Form N4). Detailed information about how much rent the tenant owes must be included in the notice.
  • Tenants who rent by the month or year have 14 days to cancel Form N4 by paying all rent owed. When renting by the day or week, they must pay within 7 days. Payment receipts should always be provided by the landlord to their tenants.
  • Any rent due after the notice date must also be included in the rent payment.
  • If rent is not paid, landlords and tenants can apply to the Landlord and Tenant Board (LTB) for eviction.
  • The tenant has the option of paying, making an agreement with the landlord, or winning their case at the Landlord Tenant Board.


Aim to Remember:

  • The landlord doesn't need to evict - just demands payment
  • To collect payment, the landlord does not have to ask their tenants to move out. The Landlord and Tenant Board can issue an order forcing them to pay rent.


In some cases, landlords only ask for payment when they do not want to lose long-term tenants. They may also do this if there is a fixed-term lease in place and they don't want to hold the tenant liable.


Past due rent can be reported to a credit reporting agency. Renting a place or getting a loan may become more difficult for the tenant in the future if their credit rating is damaged. The payment can also be demanded if the tenant has already left. The landlord must, however, do this within one year of the tenant moving out.


Late Rent

If the tenant is often late with their rent, a different notice, called Notice to End Your Tenancy at the End of the Term (Form N8), might be more appropriate. The box that states, "You have persistently paid your rent late" should be checked.


  • Defining "persistently" late rent is not an exact science. Many factors play a role in this, including the length and frequency of late rent.
  • The tenant's rent cannot be paid off to cancel Form N8s. If the rent has been fully paid, you may still give notice.
  • Following this notice, your landlord can apply to the LTB to evict your tenant.

Tenant Owes Rent. Should I Sign a Payment Agreement?

An agreement for rent payment might be negotiated if the tenant owes rent. If the tenant refuses to sign the agreement, the landlord cannot evict them. An eviction order from the Landlord and Tenant Board (LTB) is the only requirement for them to move out.


To evict them for owing rent, the landlord must follow an eviction process that has several steps. Signing a payment agreement without knowing where you are in the eviction process is extremely risky. If a tenant does not think the agreement is reasonable or if they are not sure of their ability to make all the payments, they are not required to sign it.

Decide if You Can Pay Before Your Landlord Applies to the LTB

A Form N4: Notice to End Your Tenancy Early for Non-Payment of Rent must be provided to the tenant to begin the eviction process. The landlord must fill out this notice completely and accurately if they are giving it to the tenant. The Landlord and Tenant Board (LTB) may prevent them from evicting the tenant if the notice does not follow all of its rules.


If the landlord wishes, they can offer a payment plan. When the landlord gives an N4 notice to their tenant, they might need to sign a payment agreement first.


Rent is rarely forgiven by landlords. In most cases, it's just a matter of giving the tenant more time to pay the full amount. The landlord won't need to file an L1 application with the LTB if the tenant pays in full for the extra time they've agreed to.


Moreover, the landlord might ask their tenant to sign another document stating that they will leave if they don't keep up with the payment agreement. A document such as Form N9: Tenant's Notice of Termination or Form N11: Agreement for Termination of Tenancy might be used. If the landlord is not certain they want the tenant to move out, they should never ask them to sign anything like this.


If they do not sign a payment agreement, the landlord can ask the LTB for eviction:

  • Rent must be paid
  • It is possible to negotiate a payment agreement
  • The LTB can extend the payment deadline

Decide if You Can Pay After Your Landlord Applies to the LTB

The landlord can apply to the Landlord and Tenant Board (LTB) for an eviction order if their tenant does not pay by the deadline stated on the N4 notice.


The tenant will receive the following from the LTB or the landlord directly:

  • The L1: Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes, and
  • A Notice of Hearing


Once the landlord applies to the LTB, the tenant may suggest a payment agreement. An LTB mediator might also recommend a payment agreement or the landlord can suggest one themselves. If section 4 "Failure to Make a Payment" under L1 applications (optional) is checked, it allows the landlord to get an eviction order without telling their tenant. The tenant should place their initials in the appropriate place only if they agree to this.


A tenant signing an agreement at this stage poses serious risks. The landlord can, for instance, get an eviction order from the LTB without giving their tenant a notice or hearing if their tenant misses a payment at this stage. There is no need for them to agree. If the tenant misses a payment, the landlord can still request an eviction order from the LTB. However, there will need to be a hearing. The tenant will receive notice of the hearing. Additionally, they will be able to explain their side to the LTB.


The landlord does not have to have their tenant sign an agreement stating they can evict them without notice. It is also advisable that they do not sign unless they are confident that they will be able to make all the payments on time and in full. If the tenants are even a day late or a dollar short, the landlord can get an eviction order against them. There will be no notice or hearing given to them.


If you are about to sign a payment agreement, speak with a paralegal first.



Go to Your LTB Hearing

If the tenant does not sign a payment agreement, they still have the right to a hearing. They can share their side of the story and ask for time to pay the rent at the hearing.


LTB members must ask tenants who owe rent from or after March 17, 2020, whether their landlord has attempted to negotiate a payment agreement. If the tenant did not sign the agreement because they did not think the landlord's payment plan was reasonable, they can explain this at the hearing. It is also likely that the landlord will be cited if they never offered an agreement, or if they ignored a payment agreement their tenant offered them.


The tenant can ask the LTB member to consider their valid reasons for non-payment of rent on time. Losing their job, for instance, makes it difficult for them to pay rent. It may be taken into consideration by LTB members when determining how much time the tenant has to pay the landlord. Additionally, they may consider whether the tenant will be responsible for the landlord's legal costs.


If the LTB issues an eviction order, your tenant has one more chance to end the eviction by paying everything they owe plus your legal fees.


Frequently Asked Questions

Here are answers to some common questions. 

Rent Arrears

  • How should I collect rent arrears from a tenant who has vacated my property?

    The Landlord and Tenant Board (LTB) can receive a rent arrears application if the tenant leaves the rental unit on or after September 1, 2021. 


    It is possible to apply with the LTB if the tenant has vacated without paying rent. You must, however, be able to provide the tenant's updated address.


  • What is the difference between a Request to Amend an Order and a Request to Review an Order?

    Request to Review an Order


    If you believe there was a serious error in an order, you can submit a Request to Review an Order. Also, you may make this request if you believe that participating in the hearing was not reasonably possible. Your issue cannot be raised a second time.


    Request to Amend an Order


    A request to Amend an Order can be submitted if you believe that an order had a clerical error. Board members may or may not amend the order without a hearing or submissions depending on the circumstances. Within 30 days of the date the order was issued, a Request to Amend an Order must be submitted. If you are late, you must request an extension in writing.


  • My father’s tenants are in arrears and the units are now in a state of extreme untidiness and destruction due to wilful damage. The units were leased out in good order. How can we collect the rent in arrears from all four tenants and/or evict them?

    To end a tenancy early for non-payment of rent, you would need the N4- Notice to End a Tenancy Early, and for other issues, you would need the N5- Notice to Terminate a Tenancy Early. 


    To attend a hearing, an application must be made to the Board after the notices have been served and the waiting period has expired. A recommendation for eviction will then be made by the Board.


  • My tenant wants to move out 6 months early. If I advertise the place for rent and I don’t find anyone for the first of the coming month, can I request that she pay that month’s rent?

    A landlord must re-rent a unit as soon as a tenant breaks a lease. After September 1, 2021, landlords can submit applications for rent arrears and/or compensation they believe a former tenant owes them. 


    An application must be filed within one year after the tenant moves out of the rental unit. The tenant must vacate the rental unit on or after September 1, 2021. For this application to be served on the LTB, you will need to find their updated residential address.


  • Since the hydro company won't place the bill under the tenant's name, the tenants have agreed to pay me for hydro each month. Currently, they owe $534. Can I serve them with an eviction notice for non-payment of rent?

    Arrears notices cannot be served on utility charges since they are not considered rent. As a result, you can evict the tenant by serving an N5 notice for interfering with your lawful rights. 


    The landlord can request tenant reimbursement for utility costs as of September 1, 2021. 


  • The basement of my home was rented out. I have a very difficult tenant who has not paid rent for three months. Is it possible to evict them and/or call the police?

    The police cannot assist you since this is a civil matter. There must be grounds for terminating this tenant's tenancy. Eviction would be warranted if the rent was not paid. Form N4, a notice of non-payment of rent, can be served in this case. 


    In the notice, they are instructed to pay the arrears or leave within 14 days. The next step is to file an application with the Landlord and Tenant Board for a hearing and termination order. Form L1 and a Certificate of Service are required for application. 


    To negotiate a mutual agreement to vacate the premises, there is a form you and the tenant would have to sign called Form N11- Agreement to Terminate a Tenancy. 


  • I am a landlord that has a tenant who owes me both rent and utility money. Do I have to go to both the Landlord and Tenant Board and the Small Claims Court? Or can I just go to Small Claims Court?

    For an order of eviction, you will need to contact the Landlord and Tenant Board if your tenant is still living in your rental unit. You will also need to get an order for arrears of rent. For nonpayment of utilities, you no longer have to file a lawsuit in Small Claims Court. Section 88.2 of the Residential Tenancies Act allows landlords to apply with the LTB up to one year after the tenant vacates the unit. 


    Upon leaving the rental unit, the tenant must have moved out on or after September 1, 2021. To serve them, you will need to find out their updated residential address to apply with the LTB.


  • My tenant has verbally notified me that they are moving out. Their rent payments, however, are behind. Can they sign and date a form before leaving to confirm the amount they owe and that they are willing to pay?

    It is a smart idea to sign an N11 form confirming that the tenant is moving out if the tenant has only given you verbal notice. 


    Your tenant can't sign a standard form stating the amount owed, so you could create your agreement. From September 1, 2021, landlords can file an arrear of rent application with the Landlord and Tenant Board (LTB) within one year of the tenant moving out. It must be on or after September 1, 2021, that the tenant moved out of the rental unit.


  • I have served my tenant an N4 and filed my L1 application with the Landlord and Tenant Board. If they pay me the rent owing including the filing fee two days after I file my application with the Board, what should I do? In addition, I expect the rent payment to be late again next month. When that happens, what should I do?

    The eviction process cannot be continued if the tenant pays all arrears, including the filing fee, before the Board hearing. A brand-new N4 form will need to be served and filed with the Board if the tenant defaults on their rent next month. 


    However, if the tenant has been served with multiple N4s, you may have grounds for terminating the tenancy for persistently late rent payments. An N8 form can be served on your tenant with a 60-day notice that ends on the last day of the rental period. In the case of a fixed-term lease, this notice can only be given at the end of the lease term.



  • We rented an apartment to a couple who did not pay rent for months. We did not obtain an order from the Landlord and Tenant Board and we just learned that the tenants had left our area. They left us with a water bill along with thousands of unpaid rent. Do you have any advice for us on how to collect this money?

    If you know the tenant's updated address, you can collect the money owed to you. Having their current employment information is also crucial.


    Within one year from the date the tenant no longer occupies the rental unit, landlords can file an application with the LTB for arrears of rent and failure to pay utility costs. On or after September 1, 2021, the tenant must have moved out of the rental unit.


  • I have an order against my unemployed tenant. Despite knowing where his ex-wife works, I am not sure if I can enforce my arrears judgment against her. Can his ex-wife be collected from?

    As the order is in your tenant's name, you can only collect it from him. The order cannot be enforced against his ex-wife if she was not named as a tenant. 

  • A short-term tenant rented my apartment. A tenant is behind on rent and shared expenses and refuses to leave the rental unit. Is there anything I can do?

    A short-term tenancy does not require the tenant to leave the unit. According to the law, once the short-term lease ends, it automatically renews on a month-to-month basis. Form N4 should be served on your tenant. The tenant has 14 days to pay the rent arrears. An eviction order may be issued by the Landlord and Tenant Board (LTB) if the tenant fails to pay within the specified time.


    In terms of shared expenses, if these pertain to unpaid utilities, you need to serve your tenant with Form N5. This notice gives the tenant 7 days to pay the utilities. If the tenant does not pay within seven days, you can also file an application with the Landlord and Tenant Board for an order to evict the tenant. This will enable you to collect utility costs.



  • I have a hearing at the Landlord and Tenant Board for arrears of rent. The tenant withheld rent for repairs that needed to be done to the floors in the unit. How can we resolve this issue?

    Despite poor maintenance or the non-performance of necessary repairs, tenants should not withhold rent. A landlord can evict a tenant for non-payment of rent. 


    It is never an appropriate idea for a tenant to withhold rent, but rather to file a Tenant Application About Maintenance (Form T6). In some cases, tenants can ask the Landlord and Tenant Board (LTB) for permission to pay their rent to the LTB (instead of the landlord) until their application is decided. The LTB will decide whether to grant the tenant's request. To make this request, use the form Request to Pay Rent to the Board on a Tenant Application about Maintenance.



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