N5 Form – Notice to End Tenancy For Interfering with Others, Damage or Overcrowding

N5 Form is used to  Notice to End Tenancy For Interfering with Others, Damage, or OvercrowdingIf you are considering giving the N5 Notice
N5 Form is used to Notice to End Tenancy For Interfering with Others, Damage, or OvercrowdingIf you are considering giving the N5 Notice

N5 Form is used to  Notice to End Tenancy For Interfering with Others, Damage, or OvercrowdingIf you are considering giving the N5 Notice, you must consider the following reasons. After 7 days of issuing the notice, you can apply to the Landlord and Renter Board (LTB) to evict the tenant.

  1. The tenant, the tenant’s visitor, or another occupant of the rental unit substantially interfered with another tenant’s or your reasonable enjoyment of the residential complex or interfered with the landlord’s or other tenants’ lawful rights, privileges, or interests.
  2. The tenant, guest, or other occupants of the rental property intentionally or negligently destroyed the unit or complex. 
  • If you are issuing this notice for Reason 2 and can verify the damage was intentional (in other words, the person caused the damage deliberately),
  • Use Form N5 to show the LTB that the damage was intentional if you’re unsure.
  1. The rental unit’s population exceeds health, safety, or property regulations.

Note: If you live in the same building as the tenant and the building has three or fewer residential units, you can use a Form N7 Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex instead of a Form N5. Form N7 is non-voidable and has a shorter notice period.

Information to be filled in the Notice form:

The form must be read carefully and all information filled accurately, or the N5 form might need to be revised.

Under To, fill in the name of the tenant to whom you want to give the notice. Fill in the names of all the tenants if there are multiple. 

Under From, fill in your name and mailing address. Fill in the names of all landlords if there is more than one landlord.

Under Address of the Rental Unit, fill in the complete address of the rental unit, including the unit number (or apartment or suite number) and the postal code. 

The Termination Date

This field’s earliest date depends on whether this is the tenant’s first or second Form N5.

  • The termination date on page 1 must be at least 20 days after you give the tenant their first N5 Notice to End your Tenancy in the prior 6 months.
  • The termination date on page 1 must be at least 14 days after you deliver the tenant their second N5 Notice to End your Tenancy in the prior 6 months.

Do not count the day you give the tenant notice. The fax date is considered the notice’s delivery date. Courier delivery takes one business day. Mailing the notice takes five days.

Give your Reason(s) for Ending the Tenancy:

Completely shade the boxes next to each justification for serving notice on the renter. If this is the first N5 Notice to End your Tenancy you gave the renter in the past six months, shade the circle.

If this is the first N5 Notice to End your Tenancy in the past 6 months:

Reason 1: If this is your first form N5 Notice to End Your Tenancy in the past 6 months, your tenant has 7 days to invalidate the notice and prevent eviction by discontinuing the activities or altering the conduct you describe on page 2 under Details About the Reasons for this Notice. After providing the tenant with this notice on or after the eighth day, you can apply to the LTB to terminate the tenancy and evict the renter.

Reason 2: If this is your first form N5 Notice to End Your Tenancy in six months, your tenant has seven days to void the notice and avoid eviction:

  • repairing the damaged property,
  • paying you the estimated cost to repair the damaged property,
  • replacing the damaged property if it is not reasonable to fix it or
  • delivering you the estimated cost to replace the damaged property.

You can correct the problem(s) by:

Fill in the cost to repair or replace damaged property.

Suppose the tenant does not repair or replace the damaged property or pay you the estimated cost within 7 days. In that case, you can apply to the LTB to terminate the tenancy and evict the tenant on or after the 8th day after providing the tenant with this notice.

Reason 3: If this is the first N5 Notice form to End Your Tenancy you have given your tenant in the past six months, the tenant has seven days to nullify the notice and prevent eviction by decreasing the number of individuals residing in the rented unit to the figure on page 2. On or after the 8th day, after providing the tenant with this notice, you can apply to the LTB to terminate the tenancy and evict the renter.

If this is the second N5 Notice to End your Tenancy in the past 6 months:

If this is the second form of N5 Notice to End Your Tenancy you have given the tenant in the last 6 months, the tenant cannot get out of this notice, and you can ask the LTB to end the tenancy and evict the tenant as soon as you have given the notice.

Details About the Reasons for this Notice:

Whether this is your first or second notice to the renter in six months, you must complete this part. Explain on the form what you think the tenant, the tenant’s guest, or another occupant did to warrant the notification. Be precise. Include if the tenant, another occupant of the rental property, or a tenant’s guest caused the problem, the dates and times, what happened, who was affected, etc. Add a sheet if you need more room.

If you’re delivering this warning because the rental unit’s population exceeds health, safety, or property standards, include the legislation or by-law. Include this law’s maximum number. The municipality can tell you how many people can dwell in the rental unit if there is a by-law.

If this is your first form of N5 Notice to End Your Tenancy, you must explicitly state how the tenant can void it.

Information of the Landlord or Representative includes First Name, Last Name, Phone Number, Signature and Date (dd/mm/yy)

Representative’s Information (if applicable): 

If you are the landlord’s representative, fill in your name and phone number. Then, fill in your name, company name (if applicable), and mailing address. Include your phone number and fax number if you have one.

Things for the tenant to know

Information is provided in the form by the Landlord and Tenant Board.

The termination date

The date that the landlord gives you in this notice to pay or move out must be at least:

  • 14 days if you rent monthly or annually, 
  • 7 days if you rent daily or weekly.

What if you agree with the notice?

If you agree, you should pay the landlord’s claimed sum by this notice’s termination date. If you do, the landlord cannot use this notice to evict you from the Board. Only leave if you pay. Landlords might request eviction from the Board. If the Board evicts you, you’ll likely owe the landlord’s filing fee.

What if you disagree with the notice?

If you disagree with this notice, you can stay. Contact your landlord. Consult a lawyer. If you can’t agree, the landlord may ask the Board to evict you. You can explain your disagreement at the Board hearing.

What if you move out?

If you leave by the termination date, your tenancy will cease. You may owe your landlord. Your landlord cannot apply to the Board but may sue you for this money.

How will you know if the landlord applies to the Board?

This notice’s termination date is the landlord’s earliest Board application date. If the landlord applies, the Board will schedule a hearing and mail you the application and Notice of Hearing.

What can you do if the landlord applies to the Board?

  • Discuss payment plans with your landlord.
  • Attend the hearing to dispute your landlord’s application claims and negotiate a payment arrangement with a Board mediator before the hearing.
  • Get legal advice immediately—you may qualify for legal help.

To give the N5 form Ontario 2022, you can use one of the ways below.

  • Hand it directly to the tenant or an adult in the rental unit,
  • Leave it in the tenant’s mailbox or where mail is ordinarily delivered,
  • Place it under the door of the rental unit or through a mail slot in the door, 
  • Send it by fax to a fax machine where the tenant carries on business or to a fax machine in their home, 
  • Send it by courier, or 
  • Send it by mail.

Note: You cannot give the tenant this notice by posting it on the tenant’s rental unit door.

What happens next?

Always keep a copy of your tenant notice.

If the tenant fixes the problem within 7 days of getting their first N5 Notice to End your Tenancy for Interfering with Others, Damage, or Overcrowding, the notice is void and you cannot appeal to the LTB to evict them.

You can ask the LTB to evict the tenant if they don’t invalidate this notice within 7 days or if this is their second N5 Notice to End your Tenancy for Interfering with Others, Damage, or Overcrowding. 

This application requires a Tenancy Termination and Eviction Application (Form L2). You must also file a copy of the Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding (Form N5) you provided the tenant and a Certificate of Service to notify the LTB when and how you gave the notice. 

Apply within 30 days of the termination date in this notice. LTB offices and tribunalsontario.ca/ltb have the L2 application and Certificate of Service forms.

What to do if you have any questions

You can contact the Landlord and Tenant Board for more information about this notice or your rights.

You can visit the LTB website at: tribunalsontario.ca/ltb

You can call the LTB to speak to one of our Customer Service Officers:

  • Within the Toronto calling area: 416-645-8080
  • From outside Toronto: 1-888-332-3234

Note: Customer Service Officers are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m. You can also access our automated information menu at the above numbers, 24 hours a day, 7 days a week.

Content is taken from Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding; here, Ontario N5 Form instructions are explained in detail.

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