Talk:Notice Law - Non-Payment of Rent (N4)

WARNING - THIS PAGE CONTAINS PERSONAL OPINIONS AND IS NOT AUTHORITATIVE LAW UNLESS SPECIFICALLY CITED

Note: The following content is the personal view of the author and is not binding law.

The Technicial Defense to an L1/N4 Application for Non-Payment of Rent

The purpose of this defense is to avoid an eviction order NOT to avoid payment of rent. The purpose of the following questions are to find defects in the Notice of Termination (N4) for Non-Payment of Rent.

Key Questions for Defense

• Does the landlord have copies of all Notices of Rent Increase (NORI) (from the start of the tenancy) with them? (get Copies)
• Does the landlord have the certificate of Service for each of the Notices of Rent Increases?
• Was the Notice of Rent Increase in the office N1 form the Ontario Landlord and Tenant Board?
• Has you lived in the rental unit longer then 1 year?
• Has your rent increased since the start of the tenancy?
• Has your landlord paid any interest on the Last Month's Rent Deposit (LMR)?

Legal Issues on an N4

• If the rent has increased, was the increase legal?
• Even if the rent was increased according to guideline was the notice served a full 90 days prior to any increase?.
• Was their proof of service for any claimed NORI's?
• If any single notice of rent increase was not lawful then any following notices of rent increase will also be unlawful.
• If the rent has NOT increased and interest has not been paid on the Last Month's Rent Deposit, has the tenant claimed the interest as part of their rent payment?

Commentary

• If there is a finding of an unlawful increase of rent the tenant may be entitled to a refund.
• If the tenant claims the interest on the LMR had been applied to their rent as a payment then the amount of rent that shows as owing on the N4 that the landlord issued may be incorrect and therefor void. The landlord is entitled to an order for payment but NOT an eviction.
• Applying the interest from the LMR to a rent payment only applies if (1) the rent was not increased, or (2) the landlord has not applied the interest on the LMR to a lawful rent increase. (remember any lawful rent increase must be proven by the landlord).
• If the landlord does not have copies of are NORI's and their corresponding Certificates of Service the landlord will be unable to prove the lawful rent owing. If the landlord is unable to prove the lawful rent the landlord cannot evict the tenant.
• DO NOT SIMPLY AGREE THAT THE RENT HAS INCREASED, GET PROOF IT WAS LEGAL