Tenant Owes Rent — But You Don’t Want to Evict Them. Can You Just Get the Money Back?

Your tenant has lived in the property for four years.

They usually pay on time.

They take care of the home.

You have never had any major problems.

Then something changes.

Maybe they lose their job.

Their hours are reduced.

Or they suddenly have a major expense.

One month of rent is not paid in full.

Then another month passes.

Now the tenant owes you:

$6,000.

But here is the problem:

You do not actually want them to move out.

You would rather keep a tenant who has otherwise been reliable and simply recover the rent that is owed.

So does every rent-arrears case have to become an eviction case?

No.

Ontario landlords have a separate Landlord and Tenant Board application specifically for situations where the landlord wants an order for unpaid rent without asking to terminate the tenancy.

It is called an L9 – Application to Collect Rent the Tenant Owes.

Not Every Landlord With Rent Arrears Wants an Eviction

When people hear:

“The tenant stopped paying rent.”

the first thing they often think about is:

N4.

Then:

L1.

Then:

eviction.

But that is not always what the landlord wants.

Imagine your tenant has a strong history.

For three years:

• Rent was paid on time
• The property was well maintained
• There were no major complaints
• Communication was good

Then the tenant experiences a temporary financial problem and falls behind by two months.

The landlord may think:

“I don’t want to lose a good tenant over this. I just need the arrears dealt with.”

Ontario’s system recognizes that these are two different goals:

Goal #1: Recover unpaid rent and seek eviction.

Goal #2: Recover unpaid rent but keep the tenancy.

They do not use exactly the same process.

If You Only Want the Rent Owed, What Is an L9?

The L9 is called:

Application to Collect Rent the Tenant Owes.

A landlord can use it when:

• The tenant currently owes rent
• The tenant is still living in the rental unit
• The landlord wants an LTB order requiring the tenant to pay
• The landlord is not asking the LTB to evict the tenant through that application

The LTB says an L9 may be filed as early as the day after the rent becomes due and remains unpaid.

For example:

Monthly rent: $2,800

Rent due: October 1

Tenant does not pay the full rent.

An L9 can potentially be filed beginning:

October 2

The landlord does not have to wait until the tenant owes several months before considering this option.

Do You Need to Give an N4 Before Filing an L9?

No.

This is one of the most important differences.

An N4 is the notice used as the first step when a landlord intends to pursue termination of the tenancy for non-payment.

An L9, on the other hand, is a money-only application.

The LTB’s own N4 instructions specifically say that if the landlord does not want to evict the tenant but wants an order for the rent owed, the landlord can instead file an L9.

That means:

L9 is not simply another step after N4.

It is a different route based on a different landlord objective.

L9 vs. N4 + L1: What Is the Difference?

A simple way to think about it is:

L9

The tenant still lives in the property.

The landlord wants:

the unpaid rent

but does not want an eviction order through that application.

N4 + L1

The tenant still lives in the property.

The landlord wants:

the unpaid rent

and

termination of the tenancy / eviction.

Before an L1 can be filed, the landlord must first serve a valid N4 and wait until after the termination date stated in the notice.

So the question is not simply:

“Does the tenant owe rent?”

The landlord also needs to decide:

“What outcome am I actually asking for?”

What If the Tenant Already Moved Out?

Then L9 is no longer the correct application.

The LTB states that an L9 can only be filed while the tenant is still living in the rental unit.

If the former tenant has already moved out and still owes money, a landlord may instead use an L10 – Application to Collect Money a Former Tenant Owes, where the requirements are met.

The LTB currently says an L10 generally cannot be filed more than one year after the former tenant moved out.

So there are really three different situations:

Tenant still lives there + landlord only wants money → L9

Tenant still lives there + landlord wants money and eviction → N4 / L1

Tenant has already moved out + money still owing → potentially L10

That distinction matters.

Example: Tenant Owes $6,000, but the Landlord Wants Them to Stay

Suppose rent is:

$3,000 per month.

The tenant loses work and cannot pay September rent.

October arrives.

They still cannot catch up.

Total arrears:

$6,000.

But the tenant has lived in the property for five years and has otherwise been excellent.

The landlord thinks:

“If I evict them, I have to find another tenant, prepare the property and start over. I would rather keep this tenancy if they can recover financially.”

That landlord may decide that the immediate goal is:

recover the $6,000

rather than:

end the tenancy.

An L9 gives the landlord a formal route to seek an order for the arrears without making eviction the requested remedy.

But there is an important limitation.

If You Win an L9 and the Tenant Still Doesn’t Pay, Can You Evict Them?

Not using the L9 order itself.

This is extremely important.

The LTB states that an order made on an L9 is an enforceable debt order.

However, if the tenant still does not pay:

the landlord cannot use that L9 order itself to evict the tenant.

So landlords should understand the strategy before choosing the route.

If the landlord’s position is:

“I definitely want to preserve this tenancy. I only want a formal order for the debt.”

L9 may fit that objective.

But if the landlord is actually thinking:

“I want the money, but if they still don’t pay, I also want to be able to end the tenancy through this case.”

Then the landlord should understand that an L9 does not itself produce that eviction remedy.

Formal legal strategy should be discussed with an appropriately licensed legal professional where necessary.

Wanting to Keep the Tenant Does Not Mean Ignoring the Arrears

This is probably where many landlords get into trouble.

A landlord may genuinely like the tenant.

That is fine.

But sometimes that becomes:

“I’ll just wait another month.”

Then:

“They promised they’ll catch up next payday.”

Then:

“They sent $500, so at least they’re trying.”

Three months later:

Monthly rent: $2,700

Total outstanding balance:

$7,600

The relationship may still be friendly.

But the financial problem has become much bigger.

There is an important difference between:

being flexible

and

having no arrears-management plan.

A landlord can choose to give the tenant time.

But someone should still know:

• Exactly how much is outstanding
• What payments have been received
• What month each payment applies to
• What the tenant has promised
• When the next payment is expected
• Whether the balance is shrinking or growing

If You Agree on a Payment Plan, Put the Numbers in Writing

Suppose the tenant owes:

$4,000

and says:

“I can pay my regular rent plus $500 extra every month until I catch up.”

That may be workable.

But do not leave it as:

“Okay, just send me extra when you can.”

Keep the numbers clear.

For example:

Current monthly rent: $2,500

Arrears: $4,000

Regular rent due monthly: $2,500

Additional arrears payment: $500

Expected monthly payment while plan is active: $3,000

Remaining arrears after each payment should also be tracked.

This does not mean every landlord-tenant arrangement needs to become confrontational.

It means both sides should know:

what has been agreed to.

Partial Payments Can Make Rent Records Confusing Very Quickly

Imagine rent is:

$2,600

The tenant pays:

October 3: $1,000

October 18: $800

November 1: $1,500

November 20: $600

Now ask:

How much is currently owed?

Which payment was applied to October?

Which was applied to November?

Was November rent fully paid?

If the only record is a bank account showing random deposits, this can become confusing.

A proper rent ledger should track:

• Rent due
• Due date
• Payment received
• Payment date
• Balance remaining

That becomes especially important if the matter later goes before the LTB.

When Is L9 Actually a Good Fit?

An L9 may make sense where:

The tenant is still living in the property

and

the landlord genuinely wants the tenancy to continue

but also wants a formal order for unpaid rent.

For example:

A long-term tenant temporarily loses income.

A tenant receives delayed benefits or employment income.

A historically reliable tenant has a short-term financial problem.

The landlord believes the tenancy can still work but does not want the arrears to remain informal indefinitely.

The key is:

L9 is not “doing nothing.”

It is still a formal LTB application.

It simply asks for a different remedy than an eviction application.

When Should a Landlord Be More Cautious About Simply Waiting?

Consider this scenario.

Month 1:

Tenant owes $900

Month 2:

Total arrears become $3,700

Month 3:

Total arrears become $6,500

The tenant continues to say:

“I’ll catch up soon.”

But the balance keeps increasing.

At some point, the landlord needs to ask:

Is this actually a temporary problem?

or:

Is the tenancy becoming financially unsustainable?

Wanting to help a good tenant is understandable.

But the landlord still has:

• Mortgage payments
• Property tax
• Insurance
• Condo fees
• Repairs
• Utilities, where applicable

A payment arrangement only works if the tenant can realistically follow it.

What If You Change Your Mind Later and Decide You Want Eviction?

This is where landlords should be particularly careful.

An L9 order is not an eviction order.

If the landlord later decides they want to pursue termination because rent continues to go unpaid, they need to understand the appropriate non-payment process rather than assuming the L9 can simply be converted into an eviction.

The N4/L1 route has its own notice and filing requirements. The LTB also updated a number of its non-payment forms and procedures effective September 21, 2026.

Because choosing one process can affect how the landlord manages the situation going forward, landlords dealing with significant arrears should consider getting legal advice before deciding their strategy.

The Real Decision Is Not “Do I Like This Tenant?”

A better question is:

“Can this tenancy realistically recover?”

Maybe the tenant owes $2,000 and has a confirmed return-to-work date.

That looks very different from:

A tenant who owes $8,000, has no current income and cannot provide any realistic repayment timeline.

Both tenants may be perfectly nice people.

But property management decisions cannot be based only on whether:

“They are a good person.”

The landlord needs to understand:

• Current arrears
• Payment history
• Tenant communication
• Likelihood of repayment
• How quickly debt is increasing
• The landlord’s own financial capacity

Then decide what approach makes sense.

Topromanage Perspective

Not every rent problem needs to begin with:

“How do I evict this tenant?”

Sometimes the landlord’s real goal is:

“How do I keep a decent tenant but stop this debt from getting bigger?”

That requires ongoing management.

Someone needs to know:

How much rent was due?

How much was received?

What remains outstanding?

When did the tenant promise to pay?

Did that payment arrive?

Is the arrears balance getting smaller?

Or is it increasing every month?

At what point does informal communication need to become a more formal process?

This is where many self-managing landlords become overwhelmed.

The problem is not necessarily one difficult phone call.

It is:

tracking the situation consistently over weeks or months.

Good property management is not only about collecting rent when everything is going well.

It is also about knowing what to do when:

the rent stops arriving normally.

Tenant Owes Rent, but You Don’t Want to End the Tenancy?

If you own a rental property in:

Toronto, Markham, Richmond Hill, Vaughan, Mississauga or elsewhere in the GTA,

ToproManage can assist with ongoing rental management, including:

• Rent collection
• Payment tracking
• Rent ledgers
• Tenant communication
• Arrears follow-up
• Maintenance coordination
• Day-to-day tenancy management

For formal LTB applications, legal proceedings or advice about which application is appropriate for a particular situation, landlords should consult an appropriately licensed legal professional.

If your tenant has started falling behind but you are not sure how to manage the situation, you can tell us:

Property location + monthly rent + current arrears situation

and we can help you understand the property-management side of the problem.

Because sometimes the landlord does not want:

a new tenant.

They just want:

the rent they are already owed.

Frequently Asked Questions

Can I collect unpaid rent without evicting my tenant in Ontario?

Potentially, yes. The LTB provides Form L9 for landlords seeking an order for unpaid rent while the tenant is still living in the unit and the landlord is not seeking eviction through that application.

Do I need to serve an N4 before filing an L9?

The LTB identifies L9 as a separate route where the landlord wants to collect the rent owing without pursuing eviction. An N4 is required before filing an L1 eviction application for non-payment.

Can I file an L9 after the tenant moves out?

No. The tenant must still be living in the rental unit when the L9 is filed. A landlord may instead consider an L10 for money a former tenant owes, where the requirements are met.

Can an L9 order be used to evict the tenant if they still do not pay?

No. The LTB specifically states that an L9 order can be enforced as a debt, but the order itself cannot be used to evict the tenant.

How soon can an L9 be filed?

The LTB says it can be filed as early as the day after the rent becomes due and remains unpaid, provided the tenant is still living in the unit.

The Topromanage Experience

Discover decades of industry expertise that covers all of the GTA and Southern Ontario.

 

 

Get To Know Us