What to do with when tenant does not pay rent in Ontario | Jordan Nieuwhof (Coach, Author, Former Paralegal)

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About Jordan Nieuwhof

Jordan Nieuwhof is a powerhouse in Ontario’s legal landscape, fiercely dedicated to helping landlords navigate the ever-changing rental market. He first launched his career helping landlords in 2015 with LegalEnforcements.ca and DocuServe since then he has been a relentless advocate for landlords, cutting through red tape and ensuring their rights are protected. With nearly a decade of hands-on experience at the Landlord and Tenant Board (LTB), Jordan has mastered the art of litigation, making him a trusted name in the industry.

Beyond the courtroom, Jordan is on a mission to educate, empower, and equip landlords and fellow legal representatives with the knowledge they need to succeed. He has acted as a Judge for the Osgoode Mooting Competition, volunteered with SOLO to support housing providers, and sharpened his public speaking and advocacy skills as a Toastmaster. His passion for landlord success goes beyond legal representation—he’s a mentor, speaker, and dedicated industry leader working to shift the balance in favor of property owners.

While Jordan is stepping away from direct legal representation, his impact is far from over. He’s writing The Greatest LTB Guidebook—a game-changing resource for landlords looking to master the LTB system and protect their investments. Through his advocacy, mentorship work and ongoing involvement with Solo and Openroom, he continues to be a fierce advocate, ensuring landlords and fellow legal representatives stay informed, prepared, and ahead of the game.

What you’ll learn

• How to Start the Eviction Process Correctly - You'll learn when and how to issue the N4 notice, how to serve it properly, and how to avoid common mistakes that can lead to dismissal.

• Navigating the LTB Timeline and Filing Requirements -Understand the eviction timeline (including hearings, L1 application filing, and payment plan obligations), and learn how to file the L1 application correctly and efficiently.

• Avoiding Legal Pitfalls That Can Jeopardize Your Case - Discover the legal missteps to avoid—such as unauthorized actions, incorrect documentation, or improper signatures—that can delay or dismiss your eviction case.

• What to Expect from the LTB and Sheriff Process - Prepare for what happens after filing, including typical outcomes at hearings, sheriff eviction procedures, and possible delays due to eviction stays.

• Strategies for Recovering Unpaid Rent After Eviction - Learn how to pursue debt collection through wage garnishment, rent debt reporting to credit bureaus, and post-eviction applications like the L10.

Key Takeaways

• Prompt N4 Issuance & Proper Service: Issue the N4 notice promptly (ideally the day after rent is due) and use proper service methods (not taping to the door). Ensure you keep a copy and complete the certificate of service.

• Accurate L1 Filing & Electronic Method: File the L1 application on day 15 if rent isn't paid. Ensure accuracy in names, address, and unit number to avoid dismissal. Filing electronically via the online portal ($186) is the most efficient method.

• Landlord Signature Required on L1 Application: The landlord (property owner) or their legal representative MUST sign the L1 application; a property manager alone cannot legally sign it, as this can lead to dismissal.

• Manage Emotions and Avoid Illegal Actions: Control your emotions and avoid rash or illegal actions like removing appliances, which can jeopardize your eviction case. Be aware the LTB process takes time (around 3 months for a hearing).

• Jordan transitioned from a paralegal to coaching to empower more landlords with affordable education against bad tenants due to LTB capacity limits.

• Managing emotions is key; avoid rash actions such as removing appliances, which can breach obligations and jeopardize your eviction case.

• The LTB eviction process is not quick; expect around 3 months to reach a hearing.

• Issue the N4 notice promptly, ideally the day after rent is due, as part of your regular process.

• Understand and follow proper service rules for the N4 notice; taping to the door is not acceptable. Consider serving in multiple ways (e.g., email with consent and mailbox with photo) to avoid dismissal.

• If rent remains unpaid after 14 days on the N4, file the L1 application on day 15, ensuring your N4 and certificate of service are correct beforehand.

• Ensure correct information such as names, the residential address, and unit number on your LTB notices and applications, as errors can result in application dismissal.

• The recent Section 212(2) amendment may allow the board to overlook minor errors in notices or applications if they don't prejudice the tenant, but major errors are unlikely to be saved.

• The L1 application is for tenants still in the unit; use the L10 application if the tenant has already moved out to collect debt.

• The most efficient way to file the L1 is electronically via the online portal ($186) as it is faster and helps identify errors.

• The landlord or their legal representative must sign the L1 application, not the property manager, to avoid dismissal. The landlord's name is required on the LTB order to enable subsequent debt enforcement.

• Any tenant payment received when arrears are outstanding is legally applied to the oldest debt first.

• Landlords are legally required to offer a payment plan (Section 83(6)), and documenting multiple attempts (e.g., with N4, with L1) strengthens your case.

• Typical LTB orders for N4 cases include dismissal, a Section 78 payment plan, or a Standard Order for payment by a deadline or eviction.

• The sheriff handles evictions and is typically found at the local small claims court. You need the LTB order, a fee ($340+), and a locksmith present on the day of eviction.

• After a sheriff eviction, the landlord must hold the tenant's property for 72 hours (3 full days), allowing reasonable access.

• The LTB can issue stays of eviction orders without landlord consultation, causing frustrating delays for landlords. Sheriff fees paid are generally held, not refunded, if a stay occurs.

• To collect debt after eviction, use the LTB order to get a Certificate of Judgment ($42-$46) from Small Claims Court; do not file a new Plaintiff's Claim (Form 7A).

• The most common type of debt collection is wage garnishment, targeting the tenant's employer. As a standard creditor, you can typically garnish 20% of the tenant's gross earnings. ODSP is exempt from garnishment.

• Reporting delinquent rent debt to credit bureaus is a powerful collection tool impacting a tenant's ability to borrow.

 In this course, we cover

(0:00:00) - Introduction and overview of unpaid rent in Ontario

(0:02:08) - Emotional realities of dealing with unpaid rent

(0:11:50) - L1 application details begin

(0:20:58) - Discussion about landlord names on applications

(0:25:07) - Property manager authorization to sign applications

(0:28:46) - How to apply rent payments to outstanding balances

(0:34:29) - Payment plan strategies

(0:38:00) - Types of LTB orders (Section 78, standard, delayed standard)

(0:40:00) - Proceeding to Sheriff for eviction

View Jordan’s Slide Deck

Resources Referenced

• Jordan Nieuwhof https://ca.linkedin.com/in/jordan-nieuwhof

• Ontario Landlord & Tenant Board https://tribunalsontario.ca/en/

• Fee Waiver Form - LTB https://tribunalsontario.ca/documents/ltb/Other%20Forms/Fee%20Waiver%20Request.pdf

• Service Ontario - Alternate application method https://www.ontario.ca/page/serviceontario

• All LTB FORMS https://tribunalsontario.ca/ltb/forms-filing-and-fees/#panel1

• Openroom’s Rental Debt Ledger to report into the credit bureau: https://openroom.ca/rental-debt-ledger/

About Openroom University

Free learning mini-courses are part of the vision behind Openroom of creating a transparent and connected rental ecosystem. We believe that knowledge is power and we should have more information to make informed decisions.

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