Tips to Defeat an N4

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).