LandlordEzy

I missed the 90-day deadline — can I serve N1 late and apply increase mid-year?

by LandlordEzy Team · · 1 views 🆘 Paralegal review
Scenario: landlord forgot to serve N1 in time for the tenant's anniversary increase. Can you serve it late and apply the increase from a later date?

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OLH Property Management 📌 Pinned ·
Yes — but only from the date 90 days after service.

**Example:** Tenant anniversary is July 1. You forgot to serve before April 1. You serve N1 on June 15. The increase can only take effect October 1 (October 1 - June 15 ≈ 90+ days, rounded to the start of the next rental period). You've lost July, August, September of the increase.

**Once you've lost a year, that money is gone.** You can't retroactively claim. Subsequent increases must still be 12+ months from the date the late increase took effect — so the cycle slips permanently unless you accelerate the next one.

**Practical recovery:**

1. Serve the late N1 immediately so you start collecting the higher rent as soon as possible.
2. Set a calendar reminder for the next year so this doesn't repeat.
3. Consider giving the tenant a small advance heads-up communication if the relationship is good — "FYI we'll be serving the annual N1 in [month]" reduces friction.

**What you CAN'T do:** Backdate the N1. Apply the increase retroactively. Charge a one-time "makeup" fee. The LTB has been clear that the landlord's calendar mistake is the landlord's loss.

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