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Four Ways to Prevent Eviction by Paying Rent

Is it possible to prevent an eviction by settling the outstanding debts?

There Are Four Opportunities to Avoid An Eviction For Non-Payment:

  1. Paying the rent owed before the specified date on the eviction notice (Form N4)
  2. Paying the rent owed before a scheduled hearing at the Landlord Tenant Board
  3. Paying the rent owed before a scheduled eviction date
  4. Paying the rent owed before eviction is carried out by the police

How to Prevent Eviction Due to Unpaid Rent

When a tenant receives a Notice to End a Tenancy Early for Non-payment of Rent (Form N4), there are several chances to pay the owed rent and prevent the eviction from proceeding. Although it may be challenging to stop an eviction in cases of recurring late rent, there are typically multiple opportunities for tenants to avoid being evicted.

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Ways to Remedy a Non-Payment Eviction Process

Opportunity #1

The first opportunity is to pay the outstanding rent due on or before the date stated within the eviction notice. The eviction notice is Form N4 – Notice to End a Tenancy Early for Non-payment of Rent issued by the landlord and served upon the tenant. It is the only statutorily required document for eviction in most cases, and any other method of issuing eviction notice is improper. The Form N4 should state the amount of money owed, the deadline to vacate, and other relevant information. By paying the outstanding rent due within 14 days, the tenant can void the notice to evict and the threat of eviction should end. The tenant should obtain a receipt from the landlord for the payment.

Opportunity #2

If the first opportunity is missed, the landlord may file Form L1 – Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes, to commence an Eviction Hearing. The second opportunity is to pay on or before the Landlord Tenant Board Hearing date. By waiting until this second opportunity, the tenant will now owe the landlord for the fees paid to the Landlord Tenant Board as well as any further rent arrears that became overdue since the Form L1 was filed. Payment can be made directly to the landlord or to the clerk at the Landlord Tenant Board. The tenant should obtain a receipt and attend the Hearing with proof of payment.

Opportunity #3

The third opportunity is to pay the full amount required before the move-out date stated in an Order issued by the Landlord Tenant Board. The Order will show the total amount required, including any costs paid by the landlord to the Landlord Tenant Board, and the date by which it must be paid. Any rent that came due since the Order was issued will also be required. Payment can be made to the landlord or to the clerk at the Landlord Tenant Board. After payment, the tenant should file a Motion to Void an Eviction Order for Arrears of Rent to cancel the eviction process.

Opportunity #4

The final opportunity is to pay in full, into the Landlord Tenant Board, all amounts showing within the eviction Order including rent arrears, costs, and subsequent rents due since the Order was issued, before the Sheriff arrives to enforce the eviction process. The tenant should file a Motion to Void an Eviction Order for Arrears of Rent to cancel the eviction process. This final opportunity may still be available after the move-out date showing in the eviction Order.

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