N4 Notice Process for Non-Payment of Rent in Ontario

If a tenant misses rent in Ontario, the N4 Notice is usually the first formal step a landlord takes. It tells the tenant how much rent is overdue and gives them a deadline to either pay the amount owing or move out. 

The N4 itself is not an eviction order. If the issue is not resolved, the landlord must still apply to the Landlord and Tenant Board using an L1 application.

This page is a quick reference to when an N4 can be served, what it has to include, how it is delivered, and what happens next.

Quick Summary

• Purpose: The N4 is the notice used for non-payment of rent.
• Timing: It can only be served after rent is actually missed.
• Notice period: For monthly or yearly tenancies, the tenant must usually get at least 14 days’ notice. For daily or weekly tenancies, the period is usually 7 days.
• Accuracy: The notice must include the correct rent arrears, the correct termination date, and proper tenant and unit details.
• Next step: If the tenant does not pay on time and is still in the unit, the landlord can file an L1 with the LTB.

What Is an N4 Notice?

The N4 is a formal notice for non-payment of rent. It is used when a tenant has not paid rent in full, and the landlord wants to begin the legal process that may lead to eviction and rent collection.

• First legal step: The N4 must be served before an L1 application is filed.
• Not an eviction order: A tenant is not automatically evicted just because an N4 was served. The landlord still needs an LTB order if the matter is not resolved.
• Voidable notice: If the tenant pays the required amount in time, the N4 can be voided and the tenancy continues.

When a Landlord Can Serve an N4

If a tenant is not paying rent, a landlord must wait until the rent is actually overdue.

• Earliest timing: If rent is due on the 1st, the earliest an N4 can usually be served is the 2nd.
• Do not serve early: The N4 instructions say the tenant has until midnight on the due date to pay.
• Confirm the ledger first: Before serving the notice, it is a good idea to confirm the exact arrears amount so the form is accurate.

What Must Be Included on an N4

• Full legal name or names of the tenant.
• Full address of the rental unit.
• Exact amount of rent owed.
• Correct deadline based on the tenancy type and service method. 
• Landlord name, date, and signature.

How Long the Tenant Has to Respond

The notice period depends on the type of tenancy.

When counting days, do not include the day the notice is given. If the N4 is served by mail or courier, extra service time needs to be built in.

How an N4 Is Delivered

An N4 notice has to be served in Ontario using an accepted method. The landlord should also keep proof of service.

Common permitted service methods include:

• In person: Handing it directly to the tenant.
• Another adult in the unit: Leaving it with an adult at the rental unit.
• Mailbox or usual mail location: Leaving it where mail is normally delivered.
• Mail or courier: Sending it through an accepted delivery method. Extra time must be added when calculating dates.

Make sure to keep a certificate of service, as the LTB may require proof showing when and how the notice was delivered.

What Happens After an N4 Is Served

Once an N4 is served, a few different things can happen.

• The tenant can pay in full: If the tenant pays the full amount required to void the notice by the deadline, the tenancy continues.
• The tenant can move out: The tenant may choose to leave by the termination date instead of paying.
• The tenant does neither: If the tenant is still in the unit and does not pay rent in full by the deadline, the landlord can move to the next step and file an L1.

To void the notice, the tenant may need to pay not just the original missed month, but any additional rent that has come due by the time they pay.

The Next Step: Filing an L1 Application

If the N4 deadline passes and the arrears are not paid in full, the landlord can file an Application with the Landlord and Tenant Board.

• What the L1 does: It asks the LTB for an order to evict the tenant for non-payment and collect the rent owed.
• When to file: The landlord must wait until the day after the termination date on the N4.
• When not to file: If the tenant pays the amount needed to void the N4 before the application is filed, the landlord cannot use that N4 as the basis for the L1.
• How to file: An L1 Application can be filed through the Tribunals Ontario Portal.

Common Mistakes to Avoid

A lot of N4 problems come down to timing, math, or service.

• Serving too early: The N4 cannot be given before rent is actually missed.
• Wrong amount: An inaccurate arrears figure can create problems.
• Wrong date: The termination date must match the correct notice period.
• Forgetting extra mailing time: If notice is sent by mail or courier, extra service days must be added.
• Improper service: If the notice is not served properly, the LTB process can be delayed.
• Filing too soon: The landlord must wait until after the N4 termination date to file the L1.

Simple N4 Unpaid Rent Notice Checklist

• Step 1: Confirm that rent is actually overdue.
• Step 2: Confirm the exact amount of arrears.
• Step 3: Complete the N4 with the correct names, address, amount, and date.
• Step 4: Serve it using an accepted method and complete a Certificate of Service.
• Step 5: Wait through the full notice period.
• Step 6: If the tenant does not pay and is still in the unit, file an L1.