In LTB Forms
N5 Form – Notice to End Tenancy For Interfering with Others, Damage or Overcrowding
What is the N5 Notice in Ontario, Canada?
The N5 Notice is a notice to terminate tenancy in Ontario, Canada. It is given to a tenant who troubles other people, damages property, or causes overcrowding. The tenant has 20 days to make the necessary repairs or vacate the leased property.
Tenants may also receive the N5 Termination Notice if they interfere with another tenant’s enjoyment of the property, the landlord’s enjoyment, or other legal rights.
Information presented in the article serves as general info. It’s not legal guidance. Please contact the legal service provider or go to the Landlord and Tenant Board website for more information (LTB).
When To Serve The N5 Notice To End Your Tenancy For Interference Damage Or Overcrowding?
The tenant gets the N5 Eviction Notice when he/she is
- Causing damage to the renting unit.
- Owing money for unpaid utilities. (The landlord can use L10 Application to secure an order to pay the unpaid utilities. The instructions for the form can be found here).
- Interfering with the rights of another tenant in the building.
- Using a non-permitted storage unit or parking space.
- Having too many occupants in the apartment.
You must take action and advance with the matter quickly. Get at least two written estimates if there has been damage before serving this notification.
Instructions for N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding Ontario Canada 2023
Click here to view N5 Form online or download the PDF of the N5 Form. You cannot edit the form online. Download Adobe Acrobat Reader software free from Adobe’s Website and edit the form on your computer.
You can also find the form on the LTB website.
What Informations are Required for the Landlord to fill out the N5 Form?
To create a legally binding agreement, the following info are required:
The Name of the Landlords and Tenants
Include the Legal Name and the Nickname (if the tenant has one). Include all the tenants’ full names if it is a joint tenancy.
The Legal Name of the Landlord
Address of the Rental Unit
The address should be provided in detail, including the Postal Code, Main Floor, Basement, and Unit Number.
The Termination Date
The earliest date you can enter here relies on whether this is the tenant’s first or second time getting this N5 notice delivery within the last six months.
The termination date on page 1 must be at least 20 days from the day you give this notice (if this notice is the tenant’s first N5 Notice to End the Tenancy in the previous six months).
The termination date on page 1 must be no less than 14 days after you deliver your tenant this notice if this is the tenant’s second N5 Notice to End Your Tenancy in the previous six months.
Give Reason(s) for Ending the Tenancy
For every reason for providing the tenant this notice, completely shade the box next to it. The circle should then be shaded to show whether this is the tenant’s first or second N5 Notice to End Tenancy from you in the previous six months.
For the first N5 Notice to End your Tenancy in the past 6 months:
Reason 1: If this is the first form N5 Notice to End Your Tenancy you’ve given your tenant in the previous six months, they have seven days to revoke the notice and avoid being evicted by discontinuing the actions or changing the behaviour you’ve listed on page 2 under the section titled Details About the Reasons for This Notice.
On or after the eighth day after giving the tenant this notice, you may apply to the LTB to end the tenancy and evict the tenant if they do not stop carrying out the same activities or adjust the behaviour you describe within 7 days.
Reason 2: The renter has seven days to revoke the notice and avoid eviction if this is the first form N5 Notice to End Your Tenancy you have given your tenant in the previous six months by:
- Repairing the damaged property, paying you the estimated cost to do so and
- Replacing the damaged property if it is not suitable to repair or paying you the estimated cost.
You can resolve the issues by filling in the cost of repairing damages to the property. If fixing the damaged property is not feasible, fill in the cost of replacing the damaged property.
This is how a tenant can fight eviction in regard to the N5 Form Ontario.
You may apply to the LTB to end the tenancy On or after the eighth day after giving the tenant this notice and evict the tenant if the tenant does not fix the damaged property, replace it, or pay you the estimated cost to fix the property.
Reason 3: The tenant has seven days to void the notice and avoid eviction by reducing the number of occupants in the rental unit to the number you specify on page 2 of the notice if it is the first time the N5 Notice is served to End Tenancy in the previous six months.
You may appeal to the LTB to terminate the tenancy and evict the tenant on or after the eighth day upon providing the tenant with this notice if they do not reduce the number of occupants in the rental unit within 7 days.
For the second time the N5 Notice is served to End your Tenancy in the past 6 months:
The tenant cannot revoke this notice if it is the second time the N5 Notice is being given to End Your Tenancy you have given the tenant in the last six months. Instead, you may apply to the LTB to end the tenancy and evict the tenant shortly after have served the notice.
Details About the Reasons for this Notice
When Completing the N5 Notice for Damages
Receipts must be kept to show the cost of Repayment for the repairs or replacement that the landlord has already completed.
The cost of repair/replacement must be correctly indicated. The landlord should get at least two estimates if they want to be compensated for the repairs or to replace the damaged item(s).
The N5 Notice should state the lower amount from the estimates.
When Filling Out The N5 Notice For Behaviour And/Or Overcrowding
Behaviour – The landlord must make thorough notes (including dates and times) of the problem(s) in question and present them. This could include specific information from any witnesses, including other occupants of the building or unit, nearby residents, the authorities, etc.
Overcrowding – The landlord should inquire about the regulations regarding overcrowding from the municipality.
Each copy of the N5 Notice you give to the renter, the Landlord Tenant Board, and the copy you keep for yourself must all contain any additional pages, such as pictures and estimates.
One landlord only needs to sign the notice if there are several landlords. Make a copy for each tenant if there are more than one.
How much time does it take for the N5 application process to complete?
It may take three to five months or longer to complete the application process. Therefore, follow the instructions and read the notice carefully.
Be sure to begin this process before the tenant vacates. You run the risk of being unable to apply if you are aware of damage during the tenancy but did not do something about it until the tenant vacates.
What To Do After The Tenant Receives An N5 Termination Notice In Ontario?
In the case of The N5 Termination Notice, the tenant gets 3 options for Damages Or Overcrowding Issues. They are:
- Move out of the apartment by the termination date.
- Ignore the warning and wait until the landlord applies to the Landlord and Tenant Board (LTB).
- Solve all issues identified within 7 days of receiving the N5 Notice.
Important Information Regarding the N5 Notice
When serving the N5 notice, it’s essential to consider the following:
Take action immediately: It’s critical to act immediately if your renter is causing damage, interfering with another tenant, or overcrowding the apartment. The procedure can become more complicated if the notice is served late.
Provide detailed information: All landlord’s and tenants’ complete names, the unit’s full location, and the precise justification for the notification must all be included.
Understand the timelines: The notice must be delivered at least 20 days prior to the termination date because the termination date is based on the day it is given. The termination date is 14 days from the date it was given if it is the second N5 Notice issued within 6 months.
Obtain estimates for damages: If the notice is for damage, it’s crucial to get at least two written estimates to justify the amount you’re asking the tenant to pay.
Offer options: Offer tenants three choices mentioned above.
Be specific about the reason for the notice: Include every relevant detail in the notice given if there is more than one applicable reason.
It’s important to note that serving an N5 notice can be complicated, and seeking legal advice is recommended if you need more information or assistance.
When is the N5 Notice LTB Ontario Canada Void or Null?
The smallest mistake will invalidate the notice, causing you to lose a lot of money. You must understand what you provide to your tenant and comply with the deadlines.
If there are issues with the notice your landlord provided you, the LTB may reject your landlord’s application.
The N5 Notice can be rejected at the hearing if:
- The N5 Notice did not state that you had 7 days to fix the issue,
- the N5 Notice or The N7 Notice did not provide enough information for you to understand what the landlord says you are doing incorrectly (if it was your first N5 Notice in 6 months)
- You got the N5 Notice later than 20 days before the date your landlord wants you to vacate or move out or later than 14 days before the termination date (if this is not your first N5 in 6 months).
- You also got Form N7 (For Causing Serious Problems in the Rental Unit or Residential Complex) later than 10 days before the termination date. Find detailed instructions by clicking here.
- You received a Form N7 from your landlord, but there are more than three living units in the property, or your landlord does not reside there.
How To Serve or Deliver The N5 Notice To A Tenant In Ontario, Canada?
To terminate the lease, the landlord must give the tenant the completely filled-out N5 Notice. This notice may not be delivered to the tenant by posting it on the door of the rental apartment. It’s crucial that you save a copy of the tenant notice you issue.
The landlord can send the tenant this notice in different ways, including:
- Leave it in the mailbox or any place where mail is usually delivered.
- It can be delivered physically only to the adults of the rental unit.
- Put it through the door’s postal slot or under the rental unit’s door.
- Send it by fax to the tenant’s house or where they conduct business. If you fax the notice yourself, keep a copy of the fax confirmation sheet. The day it is posted should be the date.
- If a courier is used, allow an extra working day for delivery. Keep the Post Office Receipt if the notice is delivered by mail. Landlords must receive the notice within an extra 5 days per legal requirement.
Make sure to send the notice according to the landlord and tenant board’s guidelines; otherwise, you may have to repeat the process.
Click here to ge the LTB’s Manual and learn more about how to serve the documents to your tenant.
Certificate of Service (COS)
The N5 Notice needs a Certificate of Service when applying to the LTB.
The certificate of delivery verifies that the N5 Eviction Notice was delivered according to the regulations. It is submitted to the Landlord and Tenant Board along with your N5 notification.
The Certificate of Service states to the the board – who, when, and how the notice was delivered.
If you fail to serve a document you were required to, your application or case might be rejected. If you serve a document inappropriately, you must demonstrate how and when the other party got the document at the hearing.
If the other party consents in writing only, the Certificate of Service, LTB, Ontario may also be sent via email.
Download the Certificate of Service (COS) by clicking here.
How MiProperty Portal Can Help with N5 Form, LTB, Ontario?
In MiPropertyPortal, you can send N5 Notice in a few seconds. The portal automatically fills the form with all information needed. The completed form can be downloaded, physically delivered, or electronically delivered. Electronic communication requires prior consent from the tenant.
You can also send N5 Termination Notice in bulk from MiPropertyPortal.
Therefore, using the Best Property Management Software in Canada can help you save a ton of time. Learn more about the fantastic benefits of the MiProperty Portal by clicking here. Contact us, and MiProperty Portal will handle the rest so you can unwind as much as you deserve.
What to Do If You Have Any Questions about N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding Ontario Canada 2023?
Obtain detailed instructions by reading the LTB Manual for N5 Notice.
If you need more information about this Form or your rights, contact the Landlord and Tenant Board by:
Visiting their website with the following link: tribunalsontario.ca/ltb
Calling the LTB to speak to one of the 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 their automated information menu at the numbers listed above, 24 hours a day, 7 days a week.