In LTB Forms
N9 Form – The Tenant’s Notice to End the Tenancy
The N9 Form is a legal document a tenant submits to the Landlord to end the tenancy in Ontario, Canada. This formality is to notify the Landlord in advance of 60 days from the tenancy termination date. This gives the Landlord sufficient time to search for a new tenant and/or inspect the rental unit for damages.
You can also collect the Paper Copy from the Landlord and Tenant Board (LTB) of Ontario, Canada. This article is to inform about N9 Form for both the Tenants in Ontario who wish to move out of their rental unit and for the Landlords/ Property Managers. You can download the PDF of the N9 Form here.
When is the N9 Form – The Tenant’s Notice to End the Tenancy Used?
If a tenant wants to move out of their rental unit, they are to provide the Landlord with a correctly filled out N9 Form 60 days before the end date of the tenancy. Thus this is referred to as the tenant’s notice to end the tenancy.
There are some exemptions to this, which are as follows:
- A tenant can end the tenancy early by giving a 28 Day’s notice anytime if there is a threat of domestic or sexual violence.
2 (Two) documents must be provided in this case –
- A Copy of the Court Order (Peace bond, Restraining Order, etc.) or Tenant’s Statement about Sexual or Domestic Violence and Abuse
- Filled Out N15 Form – Tenant’s Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse
Read the section Important Information from the Landlord and Tenant Board (LTB) on the Tenant’s Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse (N15), or refer to the Section 47.1 of the Residential Tenancies Act for further information about the notice.
- If the tenant (s) pays the rent daily/weekly, the termination date should be at least 28 days from the date of the notice provided.
- The agreement of a fixed-term tenancy can be terminated earlier (but should be on the last day of a rental period) due to the following:
- The tenancy agreement was entered into on or after April 30, 2018,
- The Landlord did not use the required Residential Tenancy Agreement (Standard Lease Tenancy Form),
- The tenant notified the Landlord in writing to give this Form, but
– the Landlord has not provided the Form even after 21 days have passed since the notice, or
– the Landlord provided the Form less than 30 days ago, but the tenant did not sign it.
When can a tenant gives a 10 day’s Notice Period in the N9 Form?
If the landlord has given the tenant either a N12 Form (Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit) or a N13 Form (Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use), the termination date in this notice may be 10 days (or more) after the tenant provides this notice to the landlord. The termination does not have to be the last day of a rental period.
What Informations are Required for the tenant and the Landlord to fill out the N9 Form?
The following pieces of information are needed to fill out the Form and to be a valid agreement:
The Name of the Landlords and Tenants
The Legal Name and the Nickname (if the tenant has one) must be included. This should include the names of all the tenants if it is a joint tenancy.
Address of the Rental Unit
It is vital to include the Full Address with specifics such as the Unit Number, Basement, and Main Floor as the Rental unit’s Address.
The Date the Tenancy Will End
The tenant should provide the date of the end of the tenancy.
Signature of the Tenant(s)
The tenant must sign with the date the document is signed.
This legal document should be read thoroughly, understood, and reviewed before signing. Keep a copy of the notice for proof.
After filling up the N9 Form, the Applicant must submit it to the Landlord. The Landlord can apply to the Tenant Board (LTB) of Ontario, Canada, for the termination of the tenancy and evict the tenant (s) as soon as they receive this notice. If the LTB issues the eviction order, the tenants will not have to move out before the tenancy’s termination date.
Fill the N9 Form hassle-free with Mi Property Portal.
With MI Property Portal, you will not face the hassle of typing everything manually. We know how much valuable your time is. To save time and effort, simply log in to your account on the Mi Property Portal, the Best Property Management Software in Canada. It will handle the rest, like the best.
How to End a Fixed-Term Tenancy?
If there is an agreement to live in a property for a certain period, you have a Fixed Term Tenancy. The “Period of Time” is called the TERM, and the “Agreement” is called a LEASE. Generally, a term refers to a Year, but it may vary according to your terms and conditions with the Landlord. It is optional for a Fixed-term tenancy to be documented, but they are usually.
You must provide your Landlord with a 60-day notice in advance if you have a fixed-term tenancy, and the date of termination of tenancy should be the last day of the term.
However, there are some exemptions to the terms above, which are:
- You reside in a care home or a retirement home.
- You have been given an eviction notice from the Landlord for some reason, or
- Your Landlord will not allow transferring the lease to a new tenant.
Suppose your term ends, and the Landlord or the tenant issues no notice. In that case, the tenant becomes a month-to-month tenant automatically. Now, you can renew or lease or give the notice to end the tenancy.
What to do in the Case of Joint Tenancy?
This requires a Representative to sign with his/her name, along with the date (on which the document is signed) and Phone Number, on behalf of all the tenants to end the tenancy completely.
Or else the tenancy continues with the remaining tenants.
Can an email or a call be considered as notice to end a tenancy to a landlord?
The answer is a NO. The tenant must provide the filled-out N9 Form to end the tenancy. The Landlord should insist that the tenant gives him/her a properly issued N9 Form.
The notice can be delivered personally to the Landlord via letter, fax, or both. The notice may also be given to your Landlord’s agent.
Keep a record, such as the Post Office Receipt, if the notice is sent by mail. Be aware that the law dictates to give the Landlord an additional 5 (Five) days to receive the notice via mail.
If delivered physically, ask the Landlord or agent to sign and mark your duplicate of the notice. Alternatively, take a person as a witness for the delivery of the notice.
Keep a duplicate of the fax confirmation sheet if you fax the notice.
Is There Any Alternative to the N9 Form If I Want to End the Tenancy?
You may write a notice on your own instead of using the N9 Form. The following information must be included in the notice:
- The Address of the rental unit you are moving out of
- The date of the termination of the tenancy
- Name and Signature, along with the date of signing the document
You can provide such a notice, but it is best to use the N9 Form. You do not have to mention a reason for ending the tenancy.
When is a Notice by Tenant Invalid?
- The notice is invalid if Form 9 is filed by a Landlord before renting a unit. The agreement is null if that is the case. The exception to this point:
- If a post-secondary institution provides a student with the accommodation as a tenant to that Landlord (Or)
If the Landlord has an agreement with a post-secondary institution to provide a student with the accommodation as a tenant.
- The notice by the tenant to terminate the tenancy is void if the tenant was forced to sign the notice.
- The notice by the tenant to terminate the tenancy turns invalid 30 days after the termination date.
What to do if the Tenant Does Not Move Out On the Agreed Date?
The tenant must move out with remove personal possessions from the rental unit by the termination date
If the Landlord doubts the tenant’s intentions, they may wait to see if the tenant vacates by the scheduled date. If the tenant refuses to move out, submit an L3 application to the LTB to get an eviction order and evict the tenant effectively. The N3 should be submitted to the LTB within 30 days of the termination date specified in the N9 agreement.
If the tenant still does not move out, schedule the eviction with the Sheriff, who will hand a notice to the tenant. If that does not work, the Sheriff can enforce the eviction.
Residential Tenancies Act, 2006, Ontario
The Residential Tenancies Act, 2006, Ontario is the provincial law that outlines the rights and responsibilities of landlords, tenants, and subtenants in Ontario. It also sets out appropriate procedures and reasons for giving notice of termination.
The Act offers the security of tenancy to tenants, allowing them to remain in their rental property until:
- The Landlord terminates the tenancy by giving a notification with a reason permitted by the Act;
- The tenant provides the notice to terminate the tenancy; or
- There is a mutual agreement between the tenant and the Landlord to end the tenancy.
What to Do If You Have Any Questions about N9 Form?
If you need more information about this notice 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 same numbers listed above, 24 hours a day, 7 days a week.
The Landlord and Tenant Board (LTB) is the main entity to resolve disputes and provides advice about legalities. You may go to the website of The Landlord and Tenant Board (LTB) of Tribunals Ontario to find out more, including the Residential Tenancies Act. Consult a qualified Legal Professional for further information about Ontario’s N9 Form and other aspects of landlord-tenant law.