Ontario subtenant owes me $2,080, lease ends Aug 31. What is my best legal option?
I'm a uni student in Ontario and I'm the tenant on the lease. I sublet my room to someone during the summer break from May 1 to August 31 under a signed sublease agreement (not through my apartment tho).
The rent is $800/month.
Here's what's happened:
May rent was paid in full.
June wasn't paid.
July wasn't paid.
August wasn't paid.
They later made a $320 partial payment, leaving $2,080 still outstanding.
They have repeatedly acknowledged in writing (text messages) that they owe me the money and have promised to pay it back through future paycheques, but they have continued missing the payment dates they gave me.
The sublease clearly ends on August 31, and I need the room vacated by then because my lease is ending as well.
I have:
the signed agreement,
text messages with the subtenant,
proof of occupancy,
proof of the May payment,
proof of the $320 payment,
and multiple written acknowledgements that they owe the remaining balance.
I'm trying to figure out the best path forward.
My questions are:
Should I serve an N4 now, or is there a better process since this is a true sublet?
If they're still in the room after August 31, should I file an A2 immediately?
Does a drafting error in the agreement create a significant problem if all of the surrounding evidence clearly identifies the actual subtenant?
Is there anything else I should be doing now to protect myself?
I'm trying to handle everything through the proper legal process and avoid making any procedural mistakes. Any advice from people who've dealt with Ontario sublets or the LTB would be greatly appreciated.