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.
VirtualPM Legal Shield includes annual N1 scheduling reminders + form prep. Book a free 15-minute consult.
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**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.
VirtualPM Legal Shield includes annual N1 scheduling reminders + form prep. Book a free 15-minute consult.