Ontario N4 Notice for Non-Payment of Rent: How to Fill It Out and Serve It Correctly

When to Use Form N4

Form N4 is the prescribed notice under Section 59(1) of the Residential Tenancies Act, 2006 for non-payment of rent. You use it when a tenant hasn't paid rent that is lawfully owing — not for utility disputes, maintenance costs, or fees you've added to the lease (rules as at October 2026, including Bill 60 amendments).

If the problem is conduct rather than money, you need an N5 or N7. If the tenant pays late repeatedly but always eventually pays, look at Form N8 for persistent late payment. The N4 is strictly for outstanding rent.

What Counts as Rent on an N4

Only lawful rent belongs on the form. That means the base rent and any lawful above-guideline increases you've received Board approval for. The following cannot appear on an N4:

• Utility charges the tenant disputes
• Maintenance or repair costs you want to recover
• Late fees (Ontario does not permit late-payment penalties in residential tenancies)
• NSF cheque fees beyond the amounts permitted by regulation
• Legal or paralegal costs

Including any non-rent charge invalidates the notice. The LTB will dismiss the application, and you start over.

Also verify that the rent amount on the N4 reflects the current lawful rent. If you've issued a rent increase without proper notice on Form N1, or the increase exceeds the annual guideline (2.1% for 2026, 1.9% for 2027) without a Board order, the excess portion is void. An N4 based on an invalid rent amount will fail.

The 7-Day Notice Period

For N4 notices given on or after September 21, 2026, the minimum notice period is 7 days for every tenancy type. Daily and weekly tenancies already had 7 days; Bill 60 shortened the period for monthly and other tenancies from 14 days to 7.

Day zero is the day you serve the notice. If you serve in person on October 1, day 1 is October 2, and the termination date is October 8.

If you serve by regular mail, add 5 deemed-service days first. Mailed on October 1 means deemed served October 6, then 7 days' notice takes you to October 13.

The Tenant's Right to Void the N4

Under Section 59(3), the tenant can void the N4 by paying the rent arrears and any additional rent due before you file the L1 application. If they pay everything owed, the notice is void and you cannot proceed on that notice.

If the tenant pays after you've filed the L1 but before the eviction order, they must also pay the filing fee and any additional rent due; the LTB must discontinue the eviction proceeding. Partial payment does not void the notice or discontinue the proceeding.

Filing the L1 Application

If the arrears remain unpaid on the N4 termination date, you can file a Form L1 with the Landlord and Tenant Board the following day. File online through the Tribunals Ontario Portal ($186) or by mail ($201).

Your L1 package must include:

• A copy of the N4 you served
• The Certificate of Service (form LTB-COS) documenting how and when you delivered the notice
• An L1/L9 Update Form showing the current arrears balance at the time of filing

There is no 30-day filing deadline for L1 applications (unlike the L2, which must be filed within 30 days of the termination date). However, the arrears must still be outstanding — if the tenant pays before the hearing, the application becomes moot unless you seek the filing fee.

At the Hearing

For L1 applications filed on or after September 21, 2026, a tenant who wants to raise issues under Section 82 must give advance written notice and pay the landlord at least 50% of the arrears claimed in the application at least 7 days before the hearing. Without meeting those requirements, they cannot raise those issues under Section 82 at that hearing.

The adjudicator reviews whether rent was lawfully owing, whether the N4 was correctly completed and served, and whether the tenant exercised any valid cure right. If everything checks out, the Board issues an eviction order — enforceable only by the Sheriff.

Common N4 Mistakes That Get Applications Dismissed

• Including non-rent charges in the arrears calculation
• Calculating the notice period from the wrong day (the service date is day zero, not day one)
• Forgetting to add 5 days for mail service
• Basing the arrears on a rent amount that includes an unlawful increase
• Filing the L1 before the cure period expires

Each of these is a dismissal. The Board won't fix your notice for you — they send you back to restart.

Our Ending a Tenancy in Ontario guide includes the N4 arrears verification worksheet and the complete filing checklist to avoid these procedural traps.

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