What if someone cannot pay their rent?

General Rule: If your client has not paid their rent, or is behind on rent payments, their landlord can begin the eviction process 1 day after the rent was overdue.  

If a landlord is trying to evict someone for not paying rent, they must issue that person an N4 Notice. This notice will show:

• What the tenant owes
• What the tenant must pay

Cancelling an N4 Notice: If your client receives an N4 Notice, they can cancel the Notice if they pay all of the rent owed and any rent that has come due on or before the termination date. 

Cancelling an L1 Application: If your client doesn’t pay the outstanding rent on or before the termination date, their landlord can take the next step in the eviction process and file an L1 application with the Landlord and Tenant Board to evict them. The Board should send your client a copy of this application as well as a Notice of Hearing. Your client can cancel this eviction if they pay back all of the outstanding rent and the landlord’s application fee ($190 in 2020) before the hearing date.

How You Can Help:

• Step 1: Tell your client they do not need to move out just because they received this Notice and that an Eviction Order will be required before they are forced to move out.
• Step 2: Help your client prepare a reasonable repayment plan to provide to their landlord and/or to bring if they have an eviction hearing.
  • A repayment plan template can be found here.
  • If your client pays any amounts to their landlord before the eviction hearing, make sure they get and keep receipts for the payments.
• Step 3: If your client wants to pay the outstanding rent but doesn’t have enough income, point them to rent support programs which might be available to them (e.g., rent bank, Ontario Works, ODSP, Ontario Works Emergency Assistance, etc.).
  • If your client is already receiving housing support from Ontario Works or ODSP, they might be eligible for additional allowances to avoid eviction. Help them contact their worker to ask if they are eligible for these allowances.
  • Contact 211 or check HelpSeeker to find local rent assistance or rent bank programs.
• Step 4: If your client has received a Notice of Hearing, refer them to a legal clinic.