4. If your landlord gives you an eviction notice
Question and answer
What can my landlord do if I owe rent?If your landlord wants you to move out because of unpaid rent, they must follow certain steps.
First, your landlord must give you a Form N4: Notice to End your Tenancy Early for Non-payment of Rent.
Check it carefully to see if the form is filled out completely. The (LTB) could refuse to you if the does not follow all these rules:
- Uses the proper form: The notice must be on the LTB's Form N4.
- Gives details about what you owe: The notice must tell you how much rent the landlord says you owe. It must also show how the landlord calculated the amount.
- Tells you how to cancel the notice: The notice must tell you that you can cancel it by paying all the rent that you owe by a certain date. That date must be at least 7 days after you get the notice.
- Is signed: The notice must be signed by your landlord or their representative. It must have the complete address of your rental unit and the names of all the tenants. Usually this means anyone who is responsible for paying rent or who is listed as a tenant in your rental agreement.
Cancel the notice
You can cancel the notice by paying all the rent that you owe by the date in the notice. Your payment must also include any rent that comes due after the date on the notice.
Make sure the landlord gives you a receipt for your payment.
Application
If you do not pay everything that you owe by the deadline, your landlord can apply to the LTB for an eviction .
You will have to do at least one of the following:
- pay the rent you owe plus the landlord's costs
- make an agreement with your landlord
- go to a hearing
- move out
Use CLEO's free Eviction Solution Explorer to learn what you can do if your landlord wants to evict you because you owe rent. It can help you build defences, make a payment plan, and create speaking notes for your hearing.
Eviction hearing
The landlord will have to prove at an LTB hearing that they have followed the law and that they have a legal reason to make you move out.
You have the right to challenge the at the hearing and tell the why you think you should not be evicted.
You need to prepare for the hearing. Think about the best ways to challenge your landlord's case.