Tenant Not Paying Rent: Step-by-Step

A tenant missing rent triggers a clock that runs in your favour — if you handle it correctly. Mishandled, the same situation can cost you four additional months of arrears and a much worse outcome at the LTB. Here's the step-by-step.

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Day 1 — rent is due, rent is not paid

Most leases set rent due on the 1st. If rent isn't received by end-of-day on the due date, the tenant is technically in breach. Don't act yet — banking delays, weekends, and holidays sometimes account for a one-day gap.

Send a polite 'just checking in' message on day 1 or 2. Many missed rents are honest oversights and resolve immediately.

Day 2–3 — issue the N4

If the rent still hasn't arrived, serve an N4 notice. This gives the tenant 14 days to either pay the full arrears or vacate the unit. The N4 must specify the exact amount owed and the period it covers.

Calculate carefully. An incorrectly calculated N4 — even by a single dollar — is invalid, and you'll have to start over with a new notice.

During the 14-day window

Maintain communication. Document every conversation in writing. If the tenant offers a partial payment, accept it (the law usually requires you to) but understand it doesn't void the N4 — you can still proceed if the full balance isn't paid by day 14.

Day 15 — file the L1

If the tenant hasn't paid in full by day 14, file an L1 application with the LTB. Filing fees apply (~$201 as of 2026). The LTB will schedule a hearing.

Wait times for LTB hearings have improved meaningfully in 2025–2026 but still vary. Plan on six to twelve weeks from filing to hearing.

Hearing day

At the hearing, the adjudicator will consider whether the notice was valid, whether the arrears are correct, and whether any factors mitigate. Bring: the lease, the N4, payment ledger, photo documentation if relevant, and any communication with the tenant.

If the tenant has paid the full arrears before the hearing, the LTB may still issue an order based on persistent late payment. The 'pay-and-stay' window closes after multiple incidents.

After the order

If the LTB orders eviction, the tenant has up to 11 days to pay the arrears in full (the 'void by payment' rule). After that, you can request the Sheriff to enforce the eviction order.

Sheriff enforcement adds weeks more. From day 1 of missed rent to physical eviction in a contested matter is typically 10–16 weeks.

Documentation throughout

Every text, email, voicemail, and written communication with the tenant should be preserved chronologically. Every payment (or partial payment) should hit a ledger. Every visit to the unit during this period should be photo-documented if there's any concern about condition or occupancy.

The owners who win these matters at the LTB are the ones whose paperwork tells a clean, dated story. The owners who lose are usually the ones whose communication records have gaps.

Key Takeaways

- Day 2–3 after missed rent: serve the N4 (14-day notice)
- Day 15: if unpaid, file the L1 application with the LTB
- Calculate arrears precisely — a one-dollar error voids the N4
- Document every communication, every payment, every visit
- Total timeline from day 1 to physical eviction: ~10–16 weeks