Yes — in Ontario, a tenant can void an N4 notice by paying what they owe before a hearing takes place. This is one of the most misunderstood aspects of the eviction process for non-payment. Landlords who do not understand this rule often end up back at square one.
The 14-Day Void Period
Once you serve an N4, the tenant has 14 days to pay the full amount of rent owing. If they pay in full during this period, the notice is void and you cannot file an L1 application based on that notice. If they pay late or partially, the notice may still stand.
What Happens If You File an L1 and They Pay Before the Hearing
Even after you file an L1 application, the tenant can pay the full amount owing before the LTB hearing. In that case, the LTB will typically dismiss the application. The landlord does get to recover the filing fee from the tenant if the LTB issues a payment order, but the eviction does not proceed.
Partial Payment Does Not Void the Notice
If the tenant pays some of what they owe but not all of it, the N4 is not void. You can still proceed with the L1 application. However, the amount owing on your L1 needs to reflect any payments made — landlords who overstate the rent owed risk having their application dismissed.
The Conditional Order Option
The LTB can issue a conditional order — sometimes called a pay-and-stay order — that allows the tenant to remain if they pay the arrears in full by a specific date. If they fail to comply, the landlord can file to enforce the eviction without a new hearing. This is a common outcome for first-time arrears situations.
Chronic Non-Payment Is a Different Problem
If a tenant repeatedly triggers the N4 process, pays just before the hearing, and repeats the cycle, the N4 route alone may not be the answer. The N8 notice for persistent late payment is designed for exactly this pattern. Building a documented history over time is the key to making an N8 stick.
What Comes Next
Stonegate handles N4 and L1 applications for Ontario landlords. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: N4 Form Explained: Termination of Tenancy Due to Unpaid Rent
Ready to talk to a landlord paralegal?
Stonegate Legal Services handles landlord-only matters across Ontario. Flat fee. Free discovery call.