Can I change the locks if rent is unpaid?

No. You must follow the LTB process—self-help evictions are illegal.

How soon can I serve an N4?

The day after rent is due and unpaid.

How many days does the tenant get on an N4?

Typically 14 days (or 7 days if rent is paid weekly/daily).

If the tenant pays in full before the N4 termination date, can I still evict?

No—the N4 becomes void if arrears are paid in full by the termination date.

When do I file the L1?

After the N4 termination date if arrears remain and the tenant still occupies the unit.

"My Tenant Hasn't Paid Rent for 2 Months": The Definitive 2026 Ontario Landlord Guide

If you are a landlord in Ontario and your tenant is now 60 days behind on rent, you have reached a critical legal threshold. In the 2026 rental market, where costs are high and the Landlord and Tenant Board (LTB) has recently overhauled its rules, "waiting it out" is no longer a viable strategy.

With the full implementation of Bill 60 (Fighting Delays, Building Faster Act), the timelines for eviction and the rules for tenant defenses have changed fundamentally. This guide provides an exhaustive breakdown of how to navigate two months of rent arrears, reclaim your property, and recover your funds using the most current 2026 legal framework.

1. The 2-Month Crisis: Why Every Day Matters in 2026

In Ontario, a "two-month" arrears situation usually means the tenant has exhausted their last month's rent deposit. From this point forward, every day the tenant remains in the unit is a direct hit to your personal cash flow.

In 2026, the LTB has streamlined the "Notice" phase but still maintains a rigorous hearing process. If you have not yet served legal notice, you are already roughly 4-5 months away from a Sheriff's eviction.

The Financial Reality of Month Two

The Deposit is Gone: Your security for the end of the tenancy is now spent.
The LTB Filing Fee: You are now looking at an immediate $201 expense (for online filing) to start the legal process.
The "Skip" Risk: Statistically, tenants who reach 60 days of arrears are at a high risk of "skipping" (moving out without notice), leaving you with a vacant unit and no forwarding address.

2. Phase One: The New "7-Day" N4 Notice Period

The most radical change for landlords in 2026 is the reduction of the N4 notice period. Under the amendments introduced by Bill 60, the previous 14-day "grace period" has been cut in half for most tenancies.

The 2026 N4 Rules

The 7-Day Window: For monthly or yearly tenancies, you now only give the tenant 7 days to pay the arrears in full before you can file with the LTB (previously 14 days).
Daily Tenancies: The notice period remains at 7 days.
Weekly Tenancies: Also remain at 7 days.

Key Implication

If your tenant owes two months of rent on June 1st, you serve the N4 on June 1st. They have until June 8th to pay. If they do not pay the full amount by June 8th, you are legally cleared to file the L1 application with the LTB on June 9th.

Critical Details for Your N4

Detail	Requirement
Amount Claimed	Only rent lawfully owed. Do not include utilities unless they are a specific, listed part of the rent in the lease.
Period of Arrears	List each month and the corresponding amount owed separately.
Termination Date on N4	Must be at least 7 days after the date of service and must fall on the last day of a rental period.
Signature	Must be signed by the landlord or their authorized agent.

Common Fatal Error

Including non-rent charges (e.g., parking, key fob fees) or overstating the rent amount will render the entire N4 defective. The LTB member will dismiss the application, and you will have to start over. This can cost you 2-3 months of additional delays.

3. Phase Two: Filing the L1 Application

Once the 7-day notice period has expired, you must act quickly.

The Filing Deadline

You can file as soon as the day after the N4 termination date expires. The LTB will not schedule your hearing until the L1 application is received, so every day of delay after the N4 period is a day added to the overall eviction timeline.

Key Elements of an L1 Application in 2026

Updated Arrears: The L1 must reflect the total rent owed at the time of filing, not just the amount on the N4. If more rent has come due since the N4, include it.
Certificate of Service: You must include a completed Certificate of Service proving how and when the N4 was served on the tenant.
Filing Fee ($201): Payable online. This fee is recoverable in the eviction order if you are successful.
L1/L9 Information Update Sheet: This supplementary form ensures the most current arrears figure is before the Board at the time of the hearing.

4. Phase Three: The LTB Hearing

In 2026, the LTB has made efforts to reduce hearing wait times. However, the typical wait time from L1 filing to a hearing date remains 4-6 weeks in most regions of the GTA. This is a significant improvement over the 6-12 month waits experienced in 2023 and 2024.

Your Hearing Preparation Checklist

Update the L1/L9 Info Sheet: If additional months of rent have come due since you filed, update your arrears figure.
Prepare Your File: Organize all documents: lease, N4, Certificate of Service, ledger of payments, and any communication with the tenant.
Attend Promptly: Hearings are still primarily conducted via Zoom. Technical issues or lateness may cause your case to be dismissed or postponed.
Be Prepared for a "Payment Plan" Request: The most common outcome at the hearing is the tenant requesting a payment plan. Be prepared to negotiate, but know your minimum acceptable terms.

Common Tenant Defenses in 2026

Defense	What It Means for the Landlord
Maintenance Issues	Tenant claims they withheld rent due to disrepair. The LTB may order an abatement (rent reduction). Bring evidence of maintenance compliance (work orders, receipts).
Section 83 Relief Request	Tenant asks the Board to delay or deny eviction due to circumstances (illness, children, disability). Under Bill 60, this is now significantly limited for non-payment cases (see Section 5 below).
Payment Before Hearing	If the tenant pays all arrears and the filing fee before the hearing, the application is typically dismissed. This is the "save" provision.

5. The New Reality of Eviction Orders Under Bill 60

This is the most significant change for landlords. Bill 60 has fundamentally altered the Board's discretion in non-payment cases.

The Standard 11-Day Eviction Order

Under the new rules, when the Board finds the tenant owes rent, the standard eviction order gives the tenant only 11 days to either pay or vacate. This is a shorter, more decisive timeline than previously available.

Key Provisions of the New Standard Order

Pay and Stay: Tenant can still void the order by paying all arrears + costs within the 11 days.
Sheriff Enforcement: If the tenant does not pay or vacate within 11 days, the landlord can file the order with the Court Enforcement Office (Sheriff).
Reduced Section 83 Discretion: The Board's ability to delay the eviction based on tenant hardship has been significantly curtailed for non-payment cases. This is a major win for landlords who previously faced months of additional delay due to Section 83 relief.

6. Collecting the Arrears After Eviction

Eviction is not the end. For many landlords, the goal is also to recover the money owed.

Small Claims Court Route

If the LTB order does not result in full payment, you can pursue the debt through Small Claims Court. In 2026, the Small Claims Court limit is $50,000, which more than covers most residential rent arrears cases.

Garnishment: You can garnish the tenant's wages or bank account.
Collection Agency: You can assign the debt to a licensed collection agency.
Credit Reporting: Outstanding judgments can be reported to credit bureaus.

7. Prevention: Post-Crisis Lease Protections for 2026

After resolving a non-payment crisis, every landlord should reassess their lease and screening processes.

Your 2026 Tenant Screening Toolkit

Credit Check: Use Equifax or TransUnion. Look for patterns of late payments, not just the score.
Employment Verification: Contact the employer directly. Verify salary and tenure.
Previous Landlord References: Always contact at least the last two landlords. The current landlord may give a positive reference just to move the tenant on.
Rent-to-Income Ratio: Aim for a maximum of 30-35% of gross income going to rent.
Lease Clause: NSF Fee: While you cannot charge penalties, you can include a reasonable NSF (insufficient funds) fee for bounced cheques.

8. The Complete 2026 Timeline: From First Missed Rent to Vacant Unit

Understanding the full timeline helps landlords set realistic expectations and plan accordingly.

Stage	Action	Estimated Time
Day 1	Rent is due and unpaid	-
Day 2	Serve N4 Notice	Immediate
Day 9	N4 7-day period expires	7 days
Day 10	File L1 Application with LTB	1 day
Week 5-7	LTB Hearing	4-6 weeks
Week 7-9	Eviction Order Issued (11-day pay/vacate)	11 days
Week 9-12	Sheriff Enforcement (if needed)	2-4 weeks

Realistic Total

In a best-case scenario with no adjournments, the entire process from N4 service to vacant unit can take approximately 2.5 to 3 months in 2026. This is a significant improvement over the 6-12 months experienced under the old system, but it still requires diligent, error-free execution at every stage.

9. The Final Word for Ontario Landlords in 2026

Two months of unpaid rent is not a crisis you can manage informally. The 2026 legal landscape, shaped by Bill 60, offers landlords faster tools and more decisive outcomes, but only if you use them correctly.

Do not delay. Every day you wait to serve the N4 is a day added to the back end of the eviction process.
Do not improvise. The N4 form has strict technical requirements. A single error can reset your timeline.
Do not rely on verbal agreements. If a tenant promises to pay, document it. But do not stop the legal process based on a promise alone.

If you are currently dealing with two months of rent arrears and want to ensure your N4, L1, and hearing preparation are handled correctly from the start, contact George Brown Professional Corporation at (416) 519-2200. With 30 years of experience before the LTB, our team handles the entire process so you can focus on your property.

Frequently Asked Questions

Can I lock the tenant out if they haven't paid rent for 2 months?

No. Changing locks or cutting off utilities is illegal in Ontario and can result in significant fines and legal action against the landlord. You must follow the LTB process.

What if the tenant pays part of the rent during the N4 period?

If the tenant pays less than the full amount owed on the N4, you can still file the L1. The N4 is only voided if the tenant pays the entire amount claimed.

Can I accept partial rent and still proceed with the eviction?

Yes. Accepting partial rent does not void the N4 in Ontario (unlike some other provinces). However, you should always document partial payments carefully and update your L1 arrears figure accordingly.

How long does a Sheriff's eviction take?

After the eviction order is filed with the Court Enforcement Office, the Sheriff typically schedules the physical eviction within 2-4 weeks, depending on the region.

What if my tenant files a T6 (maintenance claim) at the hearing?

This is common. The Board may consider maintenance issues when determining the eviction order. Having records of maintenance compliance (work orders, receipts, communications) is critical.