reggiechan74 Non-Payment of Rent Evictions (s.59, N4/L1)
Most common residential eviction - tenant fails to pay rent.
N4 Notice Requirements
Form: Must use prescribed Form N4 (current version - LTB updates forms)
14-day termination period (s.59):
- Notice terminates tenancy 14 days after service (not 14 days after non-payment)
- Example: N4 served June 1 → termination date June 15 (14 days later)
Arrears calculation:
- Rent only: Cannot include utilities, late fees, NSF fees (non-rent charges not grounds for N4)
- Example: $1,500/month rent + $100 utilities = arrears limited to $1,500 (utilities not included in N4)
Prescribed form (must use current version):
- Old/outdated N4 forms invalid (LTB rejects application)
- Missing information (amount owing, termination date) = defective notice
Service requirements:
- Hand delivery: Personal service to tenant (give to tenant directly)
- Mail: Registered mail or courier to rental unit
- Post in door: If cannot hand-deliver, slide under door or affix to door
Arrears Calculation (Rent Only, Not Additional Charges)
Rent: Monthly or weekly rent specified in lease
Included in arrears: Base rent only
Excluded from arrears (cannot use N4 for these):
- Utilities (hydro, gas, water) - even if lease requires tenant pay
- Late payment charges
- NSF fees
- Damage charges
- Use separate remedy: Small claims court for non-rent charges
Example:
- Monthly rent: $2,000
- Utilities owing: $300
- Late fee: $50
- N4 arrears: $2,000 only (utilities and late fee excluded)
Tenant's Right to Void (s.74)
s.74: Tenant may void N4 by paying full arrears + new rent before eviction order issued
Void calculation:
- Arrears: Amount owing on N4
- Plus: Any rent that came due since N4 served
- Timing: Before LTB issues eviction order
Example:
- N4 served: June 1, arrears $3,000 (May + June rent)
- LTB hearing: August 15
- Tenant pays: July 31, pays $5,000 ($3,000 arrears + $2,000 July rent)
- Result: N4 voided - tenancy continues, LTB application dismissed
Complete void: Tenant must pay full amount (partial payment does not void)
After eviction order: Tenant cannot void (too late) - must vacate
LTB Hearing (L1 Application)
Application timing: After N4 termination date passes (cannot apply before June 15 in example above)
Evidence required:
- Rent ledger: Showing all payments, arrears
- N4: Copy of notice served
- Proof of service: Affidavit or certificate of service
Relief from eviction (s.83 discretion):
- Even if arrears proven, LTB may refuse eviction or delay eviction
- Factors: Tenant circumstances, payment plan proposal, prejudice to landlord
Eviction order timeline: Minimum 11 days from order issuance (gives tenant time to vacate or pay)
For-Cause Evictions (s.61-64, N5-N8/L2)
Evictions based on tenant misconduct or lease violations.
N5 (Damage/Interference) - s.64
Grounds: Damage to property, interference with other tenants/landlord, illegal act on premises
Notice period: 20 days termination + 7-day void period
Void right: Tenant can void within 7 days by stopping behavior or repairing damage
Example:
- N5 served: June 1, alleges tenant causing excessive noise
- Termination date: June 21 (20 days)
- Void period: June 1-8 (7 days)
- Tenant action: Stops noise within 7 days → N5 voided
- If continues: N5 proceeds, landlord can apply to LTB
Second N5 (no void right if same issue within 6 months):
- First N5 for noise (May 1), tenant voids
- Second N5 for noise (August 1, within 6 months)
- No void right: Tenant cannot void second N5 (already had chance)
N6 (Illegal Act) - s.61
Grounds: Illegal act or business on premises
Notice period: 10 days, no void right
Examples:
- Drug dealing from unit
- Illegal firearms
- Operating unlicensed business (prostitution, unlicensed daycare)
No void: Tenant cannot cure illegal act (eviction proceeds unless tenant disputes at hearing)
N7 (Impaired Safety) - s.66
Grounds: Act that seriously impairs safety of landlord/others
Notice period: 10 days, no void right
Examples:
- Threatening violence
- Starting fires
- Disabling smoke alarms
Serious impairment: Must be serious, not minor (shouting match ≠ serious impairment, assault = serious)
N8 (Persistent Late Rent) - s.58
Grounds: Persistent late payment of rent (even if always pays eventually)
Notice period: 60 days, no void right
Persistent: Pattern of lateness (e.g., late every month for 6 months)
Example:
- Tenant pays rent 5-10 days late every month for past year
- Always pays full amount (no arrears), but consistently late
- N8 grounds met: Persistent lateness (even though pays)
No void: Tenant cannot cure past late payments (pattern established)
No-Fault Evictions (s.48-50, N12/N13)
Evictions not based on tenant fault - landlord's need to recover possession.
N12 (Landlord's Own Use) - s.48
Grounds: Landlord or landlord's family requires unit for own occupation
Notice period: 60 days
Compensation: 1 month rent paid to tenant (or rent-free final month)
Good faith requirement: Landlord must genuinely intend to occupy (not pretext to evict)
Example:
- Landlord's daughter graduating university, needs place to live
- Landlord serves N12 on tenant (landlord's daughter will occupy)
- 60 days notice: June 1 notice → August 1 termination
- Compensation: $2,000 (1 month rent) paid to tenant before termination
Tenant's right of first refusal (s.53):
- If landlord does not occupy within reasonable time (72 months), tenant has right to return
- Example: Landlord evicts tenant claiming own use, but does not move in (rents to someone else 2 months later)
- Tenant remedy: Right to return to unit at old rent
Penalties for bad faith (s.57):
- If LTB finds landlord acted in bad faith (pretextual N12), tenant entitled to:
- Moving costs + Rent differential (if new rent higher) + Damages up to $35,000
- Example: Landlord claims own use, evicts tenant, re-rents unit at 30% higher rent 1 month later
- Bad faith: LTB awards tenant $28,000 ($3,000 moving + $15,000 rent differential for 2 years + $10,000 damages)
N13 (Demolition/Renovation) - s.50
Grounds: Landlord requires vacant possession for:
- Demolition
- Conversion to non-residential
- Major renovation requiring building permit and vacant unit
Notice period: 120 days (longer than N12 - gives tenant more time)
Permits required: Landlord must have obtained necessary permits (building permit for renovation, demolition permit)
Right to return (s.52): Tenant has right to return to unit after renovation at old rent + guideline increase
Example:
- Landlord serves N13 for major renovation (gut renovation, requires building permit)
- 120 days notice: March 1 → July 1 termination
- Permits: Building permit obtained February 15 (before N13 served - required)
- Renovation: Completed December 1 (5 months)
- Tenant's right: Return to unit January 1 at old rent ($1,500/month + 2.5% guideline = $1,537.50/month)
- If landlord refuses: Tenant can claim damages, file T5 application
"Renoviction" protections:
- Landlord cannot use N13 for minor renovations (painting, cosmetic upgrades)
- Must be substantial renovation requiring permit and vacant unit
- Abuse: Landlord falsely claims major renovation to evict rent-controlled tenant, re-rents at market rent
- Penalty: Tenant entitled to damages, right to return, LTB fines