No one intends to fall behind on paying their rent. But circumstances can change quickly and one may end up on hard times, especially during the last few years.
Below is a hypothetical example to help you understand your rights as a tenant should you frequently pay your rent late, or fall behind.
Joe is a single parent with two children. He makes ends meet but he often pays the rent late. In 2021, Joe was laid off from his job and is only able to pay half his rent.
Joe could be served with an N4 Notice to End your Tenancy for Non-Payment of Rent by his landlord for not having paid all of his rent. A landlord can serve a tenant with an N4 when any amount of rent is owing.
The N4 Notice would state which rental periods are covered, the amount of rent charged, the amount of rent paid and the total amount owing. It would include a deadline for Joe to pay his rent in full – this is called the termination date.
If Joe agreed with the amount owing and paid the total amount before the termination date, this would cancel the Notice.
If Joe did not pay in full by the termination date, or disagreed with the amount owing, he would not have to move out by the termination date.
After the termination date, Joe’s landlord could file an application with the Landlord & Tenant Board (LTB) to evict Joe. The LTB would schedule a hearing to decide on the case. Usually, Joe would be notified by the LTB about the application and the hearing by either mail or email.
Sometimes a landlord and tenant can make an agreement about repaying the rent before, or at, the hearing.
Joe could also be served with an N8 Notice to End your Tenancy at the End of the Term by his landlord. There are several reasons an N8 could be served, and the form would explain why.
In Joe’s case it would be for persistently paying rent late. The N8 states a termination date.
It is important to note that Joe would not have to move out by the termination date, unless the LTB ordered that he be evicted by that date. A tenant cannot cancel the N8 by paying their late rent.
Immediately after Joe is served with the N8, his landlord can file an application with the LTB to try to have him evicted. The LTB would schedule a hearing to decide on the case. Again, usually Joe would be notified by the LTB about the application and the hearing by either mail or email.
A tenant should always attend their hearing on the date stated in the Notice of Hearing.
If you or someone you know receives a Notice about rent, a Notice of Hearing, or the landlord wants to make an agreement about repaying the rent, you should seek legal advice right away.
- Melinda Katzman, former CKLC Staff Lawyer (www.cklc.ca, 519-351-6771)
