I have served a N4 to my tenant and filed my L1 application with the Landlord and Tenant Board. What do I do if they pay me the rent owing including the filing fee two days after I filed my application with the Board? I also expect the rent payment to be late again next month. What do I do then?

If the tenant pays the total amount for arrears including the filing fee before the Board hearing, you will not be able to continue with the eviction process. If the tenant defaults with her rent payment next month, you will have to serve another N4 form and file it with the Board if necessary. However, if the tenant has been served with multiple N4s, you may have grounds to terminate the tenancy based on persistently late payment of rent. You would serve your tenant with an N8 form, which is a 60 days’ notice ending on the last day of the rental period or term. If there is a fixed term lease in place, this notice can only be given at the end of the lease term.

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