2. Decide if you can pay after your landlord applies to the LTB
Question & Answer
I owe rent. Should I sign a payment agreement?If you don't pay by the deadline on the N4 , your landlord can apply to the (LTB) for an eviction . The LTB or your landlord will send you:
- a copy of the L1: Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes, and
- a Notice of Hearing.
Your landlord might suggest a payment agreement after they apply to the LTB. You can also suggest a payment agreement yourself, or a LTB mediator might suggest it.
There are serious risks if you sign an agreement at this stage. For example, agreements at this stage can say that if you miss a payment, your landlord can get an eviction order from the LTB without giving you a notice or a hearing. You don't have to agree. Explain to your landlord that they can still ask the LTB for an eviction order if you miss a payment. The difference is that there will have to be a hearing, you will get a notice about the hearing, and you will have a chance to explain your side to the LTB.
If your landlord insists on the agreement saying they can you without notice or a hearing, you don't have to sign the agreement. Also, you shouldn't sign unless you are very sure you'll be able to make all the payments in full and on time. If you are even one day late or one dollar short, your landlord will be able to get an order to evict you without giving you a notice or a hearing.
Try to get advice from a lawyer, paralegal, or your local community legal clinic, before you sign any payment agreement.