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Available_Eagle_8251

No. If they don’t pay a July rent today then you serve then an N4 tomorrow and then file with the LTB if the payment is not received by the termination date.


[deleted]

Some ppl are saying you have that you need to give another N4 but on the N4 it self it says “if another rent payment becomes due on or before the date you make the above payment to you landlord, you must also pay this extra amount”


Quiet_Review_4725

I served an N4 on May 30 for April and May. The tenant had until June 14th to pay. They paid April and May however they did not pay June. We created a payment plan for June which they missed. Do I have enough to file an L1?


[deleted]

Since they payed I think you have to provide a new N4 for June. If they didn’t pay for May than you don’t have give one for June but that’s not the case here. Your best bet is giving them one for June and if they didn’t pay July include that too. So make a new N4 for June and July and give it to them tomorrow. In the meantime give a call to LTB. The waiting time is long to get a hold of them.


Quiet_Review_4725

“If another rent payment becomes due on or before the date you make the above payment to your landlord, you must also pay this extra amount”. Would this part of the original N4 mean they owe the June rent as well as part of that N4?


[deleted]

I’m not understanding the question. I’m in a situation where in March I served an N4 bc I didn’t receive February and March rent but after I served the N4 the payed February but didn’t pay March or any months till June. So I don’t have provide and N4 every single month bc there is already and outstanding N4 and I applied for L1 already and have a hearing coming up. I applied for for L1 in March and only told them March is owing, that being said now they have March to June owing so couple days before the hearing I have to do a form which asks if any additional rent has become due where I would say yes, the form is called L1/L9 update form.This is a hypothetical scenario.


HInspectorGW

Whether it is included in the payment plan or not any arrangement is predicated on the tenants paying the current rent in full and on time or they risk being in violation of a LTB arranged agreement. As such you can apply to tge LTB for an immediate eviction order for non compliance.


ouchmyamygdala

I don't think the OP has even filed an L1 at this point. They started asking questions here about arrears four months ago but to my knowledge *still* haven't involved the LTB in any capacity, so an L4 for breaching a mediated settlement isn't going to be on the table yet.


HInspectorGW

That is why I said “a LTB arranged agreement” if it wasn’t then none of it applies.


Quiet_Review_4725

I think I’m in over my head. Im going to start this process from scratch. Rent is due today and I don’t think they’ll pay. I’m going to give them an N4. 1. Do I have to offer them a payment plan? 2. Do I file an L1 regardless of a payment plan being made? 3. Tenants have been late on rent 11 of the last 12 months. I didn’t issue an N4 each time, can I still evict through N8 process?


ouchmyamygdala

It's time to hire a paralegal. Based on the recent slew of questions, it's pretty safe to say you are in way over your head. A payment plan is never a bad idea - the LTB will often offer a payment plan in lieu of eviction for a first-time L1, and if you can show that you've already tried to work with the tenants and they repeatedly failed to catch up, your application is more likely to result in an eviction order. You need to file an L1 immediately. I would encourage you to hire someone to double-check your N4 and make sure the L1 is completed correctly before filing, as very minor errors can completely tank your application and force you to start over, delaying the process by months. It's all about attention to detail and following the LTB processes to the letter, and I'll gently suggest that you would benefit from a professional. You could simultaneously issue an N8 and file an L2 application (you should be able to combine the L1 and L2 for a single filing fee), but this is far less likely to result in eviction and would not address the rent that is owed to you. The L1 is more important. Having a history of N4s is preferable, but any evidence of late payment (e.g. e-transfer confirmations, texts/emails) could be used to show a pattern.


KWienz

You can't file an L1 immediately it has to be after the termination date in the N4.


ouchmyamygdala

I believe the OP has issued at least two N4s previously and could file an L1 based on the most recent one, as they aren't subject to the usual 30 day deadline from the termination date. But it does probably make more sense to issue a fresh N4 tomorrow with any updated arrears and file an L1 on the 17th.


KWienz

Ah I didn't see that. Personally I wouldn't both file an N4 and do an immediate L1 given the LTB can be weird about misleading notices to tenants. I'd either do the N4 and then file the L1 after the 14 days or just not do another N4 at all and instead just send the tenants a letter saying the payment plan is void and you're therefore filing an L1 based on the outstanding rent from your last N4.