Q: When can I serve my Tenant a Notice of Termination for Non Payment of Rent?

A: A Landlord can serve a Notice of Termination for Non Payment of Rent the day following the date on which the rent is due.

Q: How much notice must a Notice of Termination for Non Payment of Rent provide a Tenant?

A: In Ontario a Notice for Non Payment of Rent for a monthly residential tenancy must provide a minimum of 14 days if personally served and a minimum of 19 days if served by mail. Notice periods for weekly and bi weekly tenancies are different.

Q: How many times must a Tenant be late paying the monthly rent to justify serving a Notice of Termination for Persistent Late Payment of Rent?

A: The unwritten rule and/or threshhold number of late payments appears to be between 5 to 6 late payments in the duration of a twelve month period. It should also be duly noted that this is an end of term notice of termination.

Q: How much detail do I need to provide when  filling out a Notice for Persistent Late Payment of Rent?

A: A Notice for Persistent Late Payment of Rent must provide sufficient detail to allow the Tenant to know the case against them. It would be wise to provide as much detail as possible including a schedule of rental payments clearly showing any/all late payments of rent including amounts paid and number of days each payment is late.

Q: Can I still file an application with the Landord and Tenant Board after my Tenant has vacated the rental unit?

A: If the Tenant has vacated the property and returned the rental unit keys, the Landlord and Tenant Board no longer has jurisdiction over this matter. If the Tenant has vacated the unit or is no longer in possession of the rental unit, you can no longer file an application with the Board. Exceptions to this rule do apply.