LTB Form N5: Notice to End a Tenancy for Interfering with Others, Damage or Overcrowding

LTB Form N5: Notice to End a Tenancy for Interfering with Others, Damage or Overcrowding

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Encountering disruptive tenant behavior, property damage, or overcrowding within rental units is a common challenge faced by landlords across Ontario. To address these issues landlords must serve proper notice about the violation and subsequently apply for eviction. This process starts with Form N5: Notice to End a Tenancy for Interfering with Others, Damage, or Overcrowding.

What is Form N5?

The Ontario Landlord and Tenant Board (LTB) regulates all disputes between landlords and tenants. As part of their regime, the LTB offers a library of forms to use for official actions. Form N5: Notice to End a Tenancy for Interfering with Others, Damage, or Overcrowding is used to formalize lease violations and potentially initiating eviction proceedings against tenants.

This form can be found on the LTB Forms page. The LTB offers a large selection of forms, so understanding the exact one to use in each situation is essential for preserving your rights as a landlord.

When to Use Form N5?

Landlords should use Form N5 when tenants engage in behaviors such as causing disturbances, damaging property, or overcrowding units, thereby breaching the lease agreement and necessitating eviction. Specifically, N5 should be used for any one of three reasons

Reason 1: The tenant, a tenant’s guest, or other occupant of a unit interferes with other’s rights to reasonable enjoyment of the premises or other lawful purpose of the landlord or other tenants.

If the landlord lives in the same building as the tenant and the building has three or fewer residential units you can give the tenant a Form N7 Notice to End your Tenancy for Causing Serious Problems instead of a Form N5.

Form N7 cannot be voided and has a shorter notice period.

Reason 2: The tenant, a tenant’s guest, or other occupant of a unit causes willful or negligent damage.

If you are giving this notice for Reason 2 and you can prove damage was caused wilfully, you can serve Form N7.

If you are unsure whether you can prove to the LTB that the damage was done wilfully, you should use the Form N5.

Reason 3: The number of people living in the unit exceeds the number permitted by health and safety standards.

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How to Complete Form N5?

Form N5 requires landlords to describe the misconduct committed by tenants. The document provides a comprehensive checklist and clear instructions to guide users through the completion process. Some of the Form is simply names, addresses, and other basic information. However, a few sections are more complicated:

Termination Date: This depends on whether or not this is the first notice given to the tenant within the last 6 months. 

  • If this is the first notice given to a tenant within 6 months, the termination date must be set at least 20 days from the notice delivery.
  • If this is the second notice given within 6 months, the termination date can be set at least 14 days after delivery of the notice.

Reason(s) For Ending the Tenancy: Shade the box next to the reason that you are ending the lease. For the N5, only the three reasons stated on the form are acceptable.

Correcting the Problem:If this is the first N5 notice within the last 6 months, landlords must also fill in how the violation can be corrected. Typical resolutions include stopping disruptive activities, repairing the property, paying a fee to cover the repair of the damage, or reducing the number of people living in the unit.  If this is the second notice within 6 months, landlords are not obligated to accept any correction.

Details About the Reason for the Notice: Provide as many details as possible to describe the problem. This might include dates, times, and descriptions of disruptive activity or photos of damage. Additionally, if the notice is given for disruptive behaviors, make sure to describe who it affected and how it affected them. Unlike other violations such as non-payment of rent, these violations have some level of subjectivity, so it’s important to provide a clear rationale.

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How to Deliver Form N5?

Delivery of Form N5 to tenants serves as official notification of a lease violation. Landlords can deliver the form through various methods, including in-person delivery, mailing, faxing, or courier services.  Landlords are prohibited from giving notice by posting it on the door. 

Consider a method of delivery that provides evidence of receipt such as certified mail with sign and receipt, fax with a timestamp, or a photograph of the letter left at the door mat.

After Delivering Form N5

Following the delivery of Form N5, landlords must await the notice period before taking further action. In cases where this is the first N5 notice within 6 months, tenants are allowed to correct the problem.

  • Should tenants rectify the breaches within 7 days, the notice is void and the matter is considered completed.
  • Alternatively, the tenant might vacate the premises voluntarily, ending the tenancy voluntarily.
  • If the problem is not rectified, the landlord can then take the next step to request eviction by filing a L2: Application to End Tenancy.
  • If this is the second Form N5 filed within the last 6 months, the Form is not voidable by the tenant's actions even if they correct the problem. Landlords can proceed to file the L2 to take effect at the termination date.

Form N5 does not give the landlord the right to evict the tenant. In no circumstance should you attempt to evict the tenant yourself.  Landlords are prohibited from shutting off utilities, changing the lock, or hiring security to forcibly remove a tenant.  Instead, the LTB can send an order to the Sheriff, but only after a hearing under Form L2.

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Form N5: Notice to End a Tenancy for Interfering with Others, Damage, or Overcrowding, provided by the Landlord and Tenant Board, is a crucial tool for landlords addressing tenant-related issues necessitating eviction. By completing and delivering Form N5, landlords officially notify tenants of lease violations and initiate the process to address such breaches through the appropriate legal channels. Adhering strictly to procedural guidelines and timelines outlined by the LTB throughout the notice and eviction process is imperative. Seeking assistance from an experienced real estate lawyer can be invaluable in navigating landlord-tenant disputes effectively.

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If you have questions about LTB Form N5 or any other real estate legal matter, we're here to help. As real estate law specialists, our mission is to provide the clarity and direction you need to protect your property rights.

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Written by
Zachary Soccio-Marandola
Real Estate Lawyer

Direct: (647) 797-6881

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Frequently Asked Questions (FAQ)

What is an N5 Eviction Notice?

Form N5 Eviction Notice is used by landlords if they intend to evict a tenant for one of three reasons: interfering with the enjoyment of others, damaging the property, or overcrowding the unit.

How long does it take to evict a tenant in Ontario?

Generally a landlord has to provide a Termination Date that is 14-20 days after delivering notice. If the tenant does not leave the property, an application will need to be filed and a hearing held. This process can take 6-9 months. 

Can I send forms to a tenant by email?

A landlord can only serve an LTB Notice form by email if they have written consent from the tenant for the delivery of notice.

Can a tenant fight an N5 eviction?

In most cases, a tenant has the right to correct their behavior noted in Form N5. A Tenant also has the right to dispute allegations at an LTB hearing.