Tips to Defeat an N4: Difference between revisions
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==Review the Calculations== | ==Review the Calculations== | ||
The N4 shows the rental charges for each period of the rental term. Make sure the amount charged within each term is the correct amount of rent, also make sure that the amount the landlord is claiming to have received is also correct. If the landlord has failed to account for any payments made in the relevant rental period then the N4 is most likely defective and eviction can be avoided. | The N4 shows the rental charges for each period of the rental term. Make sure the amount charged within each term is the correct amount of rent, also make sure that the amount the landlord is claiming to have received is also correct. If the landlord has failed to account for any payments made in the relevant rental period then the N4 is most likely defective and eviction can be avoided. | ||
Even if the calculation is off by as little as $1.00 the N4 will still be found to be void. | |||
Revision as of 04:34, 22 January 2023
Overview
The following is NOT legal advice and you should consult with a paralegal or a lawyer about your unique situation before deciding if you will use any of the following tips.
Apply the LMR Interest
Before you get an N4, send the landlord a message stating you are applying any interest owing from the Last-Month's-Rent deposit that has not been paid. That way if you go get an N4 it is likely that the N4 calculations will be off and you will avoid eviction if the matter goes to a hearing.
See section 104 (9) of the Residential Tenancies Act, 2006
- 104 (9) Where the landlord has failed to make the payment required by subsection (6) when it comes due, the tenant may deduct the amount of the payment from a subsequent rent payment. 2006, c. 17, s. 106 (9).
Identify the Rental Unit
Make sure that the N4 correctly identifies the rental unit. If there is a unit number the unit number or identifier MUST be on the N4. In the case of a rooming house, each room must be identified both on the N4 and on the physical door of the room in the rental unit. A failure to identify the rental unit will void the N4 and prevent an eviction.
Review the Calculations
The N4 shows the rental charges for each period of the rental term. Make sure the amount charged within each term is the correct amount of rent, also make sure that the amount the landlord is claiming to have received is also correct. If the landlord has failed to account for any payments made in the relevant rental period then the N4 is most likely defective and eviction can be avoided.
Even if the calculation is off by as little as $1.00 the N4 will still be found to be void.
