Thursday 5 January 2023

How to deal with a Tenant's Non-Payment of Rent


FILLING in an N4 
Notice of Termination for Non-Payment of Rent
(the eviction process for non-payment of rent in Ontario)


This blog, with the video, will show you how to begin the process of terminating a tenancy for nonpayment of rent.    The video works through a fictional tenancy and presumes arrears of rent.  The tenancy in the video is a monthly tenancy in which the rent is due on the first of each month.  The monthly rent is $1000.  The tenants paid a partial amount in October and then no amount in November, December, and January 2023.   The N4 document created in this video uses January 4, 2023, as the date of N4 Form Completion and further has the N4 being served on January 4, 2023, in the mailbox (which is the same as a personal serve, under the door, or by email if there is an agreement to serve by email in the lease).   This method of service results in a termination date of January 18, 2023.  The video discusses the termination date selection methodology as well.

I am hoping that people watching this video will find it useful to follow along and to also insert your own details--or write them down as we work through the process to properly complete an N4 Form.

This is an information video and not a legal advice video/article.  There may indeed be unique circumstances with your tenant.  You will always need to ensure that your circumstances apply and that the Ontario Residential Tenancies Act is enforceable with respect to your tenant.  It is entirely likely that there may be remaining questions after you have watched this video.  I am expecting that I may also have overlooked discussing issues that may be unique to your own circumstances.       Feel free to post comments to this blog pointing out issues or asking questions and I will try to answer and respond.  Ultimately, this article is intended for the DIY landlord or interested person.  For legal advice specific to your facts nothing will replace a direct consultation and retainer of a paralegal or lawyer.  However, watching and working through this article and video may at least give you sufficient information and grounding to understand what it is that you will need to do.



As readers of this blog know, I write with the intention of describing the legal processes of the Landlord and Tenant Board under the Residential Tenancies Act.   So, while this blog appears to assist landlords against tenants it is worth noting that a tenant facing a termination for non-payment of rent could also find the information useful as the video highlights issues that may also result in an N4 being void.  I look forward to your comments.


 




















 

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