Can a Tenant Cancel or Void an N4 Notice in Ontario?
Yes. Paying the arrears can void an N4, and even after you file with the LTB the tenant may still be able to stop the eviction. Here is when a tenant can void the notice, what counts as payment, and how to protect yourself.
Key points
- If the tenant pays all rent owing before the termination date, the N4 is void.
- After an L1 is filed, the tenant can still void it by paying all arrears plus the filing fee before the eviction is enforced.
- A partial payment doesn’t void the N4.
- For a tenant who keeps paying late, the N8 is often the better tool.
Many landlords are surprised to learn how much the law lets a tenant fix an N4 by paying. The goal of the N4 process is to get the rent paid. If the tenant pays, the eviction usually stops.
Before the termination date
If the tenant pays everything owing before the termination date on the N4, the notice is void. That includes any rent that has come due since you served it. The tenancy continues as if the notice had never been served.
After you file an L1
Even after you file an L1 application, the tenant can void it by paying all arrears that are owing plus the LTB filing fee. They can do this before the hearing, and in many cases even after an eviction order, up until the order is enforced by the Sheriff. If they pay into the Board or to you, they can ask the LTB to confirm the order is void.
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A partial payment doesn’t void the N4. Accepting it also doesn’t cancel your notice, but keep a clear record of every payment and what period it was for. Your ledger needs to be accurate at the hearing.
Conditional orders
Often the Board makes a conditional order, sometimes called a pay-and-stay order. The tenant pays the arrears over time while also paying current rent. If they miss a payment, the landlord can apply under the order, usually with an L4, without a new full hearing.
Repeat late payers
If a tenant falls behind, pays and does it again, serving N4s over and over can feel endless. A record of repeated late payment can support an N8 for persistent late payment, which can end the tenancy even if the rent is eventually paid.
Frequently asked questions
Can a tenant void an N4 by paying?
Yes. Paying all rent owing before the termination date voids the notice.
Can a tenant stop an eviction after an order?
In most N4 cases, paying all arrears and the filing fee before the Sheriff enforces the order can void it.
Does a partial payment cancel the N4?
No. Only payment of the full amount owing voids it.
What is a pay-and-stay order?
A conditional order letting the tenant pay arrears over time. If they miss a payment, the landlord can apply without a new full hearing.
What if the tenant keeps paying late?
An N8 for persistent late payment may be the better route.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
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