For both landlords and tenants in Ontario, understanding the proper procedures and forms for ending a tenancy is crucial. When it comes to eviction, the Landlord and Tenant Board (LTB) provides specific “N” forms that landlords must use to legally terminate a tenancy. These forms ensure that the process is fair and follows the rules set out in the Residential Tenancies Act, 2006.
This guide will break down the most common “N” forms you might encounter, explaining their purpose, notice periods, and other important details. Remember: This information is for general guidance. Always refer to the official LTB forms and consider seeking legal advice for specific situations.
Understanding the “N” Forms: Mutual Agreements vs. Evictions
Before we dive into eviction notices, it’s important to distinguish between a mutual agreement to end a tenancy and a landlord-initiated eviction.
N11: Mutual Agreement to End the Tenancy
Purpose: This form is used when both the landlord and tenant agree to end the tenancy. It’s a mutual, voluntary agreement, not an eviction. It should only be used when both parties have freely and willingly decided on a termination date.
Key Point: Tenants should never feel pressured to sign an N11 if they wish to stay. Signing it means you’re voluntarily giving up possession of the unit and may be giving up certain rights, such as the right to a hearing at the LTB or potential compensation in other circumstances.
Find the form: N11 – Agreement to End the Tenancy
Tenant’s Notice to End the Tenancy
While landlords have forms to end a tenancy, tenants also have an official way to give notice to move out.
N9: Tenant’s Notice to End the Tenancy
Purpose: This is the formal document a tenant uses to notify their landlord that they intend to move out. This form is used for a variety of reasons, most commonly when a tenant simply wishes to end their tenancy at the appropriate time. Notice Period: The amount of notice required depends on the type of tenancy:
- Fixed-Term Tenancy (e.g., one-year lease): At least 60 days’ notice, with the termination date being the last day of the lease term.
- Month-to-Month Tenancy: At least 60 days’ notice, with the termination date being the last day of a rental period (e.g., the last day of the month if rent is paid on the first).
- Daily or Weekly Tenancy: At least 28 days’ notice, with the termination date being the last day of a rental period. Special Circumstances: The notice period can be shortened to just 10 days if the landlord has already given the tenant an N12 (for personal use) or N13 (for demolition/renovation) notice. Find the form: N9 – Tenant’s Notice to End the Tenancy
Evictions “For Cause” (Tenant’s Actions)
These forms are used when a tenant has violated terms of their tenancy agreement or the Residential Tenancies Act (RTA). The landlord must prove the tenant’s actions at a hearing to get an eviction order.
N4: Notice to End your Tenancy Early for Non-payment of Rent
Reason: The tenant has not paid their rent. This is the most common reason for eviction applications to the LTB. The notice must specify the exact amount of rent owed and the termination date.
Notice Period: At least 14 days (for monthly/yearly tenancies) or 7 days (for daily/weekly tenancies). The termination date must be on or after the 14th (or 7th) day after the notice is given to the tenant.
Important: A tenant can “void” (cancel) this notice by paying all the rent owed by the termination date specified on the form. If they pay even one day late, the landlord can proceed with the eviction application.
Find the form: N4 – Notice to End your Tenancy Early for Non-payment of Rent
N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
Reason: The tenant or their guests have significantly damaged the unit, interfered with the reasonable enjoyment of others, or there’s overcrowding that breaches health and safety standards. The notice must provide specific details of the incidents.
Notice Period: Typically 20 days. The termination date must be on or after the 20th day after the notice is given.
Important: For a first offense, the tenant usually has 7 days to correct the problem to void the notice. A second similar offense within 6 months means a non-voidable N5 can be issued, and the landlord can proceed with an eviction application without the tenant having a chance to correct the issue.
Find the form: N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
N7: Notice to End your Tenancy for Causing Serious Problems
Reason: Used for more severe issues like an illegal act, seriously impairing safety, or causing extraordinary damage. The LTB considers these to be very serious issues.
Notice Period: Typically 10 days. The termination date must be on or after the 10th day after the notice is given.
Find the form: N7 – Notice to End your Tenancy for Causing Serious Problems
N8: Notice to End your Tenancy at the End of the Term
Reason: The tenant has persistently paid rent late. This is not for a single late payment but a documented pattern of repeated late payments, even if the tenant eventually pays the rent in full.
Notice Period: 60 days. The termination date must be the last day of a rental period.
Find the form: N8 – Notice to End your Tenancy at the End of the Term
Evictions for “No Fault” Reasons (Landlord’s Actions)
These forms are used when the landlord needs the unit for reasons unrelated to the tenant’s conduct. Specific conditions and tenant compensation often apply.
N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit
Reason: The landlord, a purchaser (if the property is sold), or an immediate family member (spouse, child, parent, or their spouse’s children/parents) genuinely intends to move into the unit and occupy it for at least one year. This is a very common notice, but landlords must follow the rules strictly to avoid penalties.
Notice Period: At least 60 days. The termination date must be the last day of a rental period (e.g., the last day of the month for a monthly tenancy).
Compensation: The landlord must pay the tenant one month’s rent as compensation by the termination date. If they fail to do this, the N12 notice becomes invalid.
Find the form: N12 – Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit
N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use
Reason: The landlord plans to demolish the unit, conduct extensive repairs/renovations that require the unit to be vacant, or convert it to a non-residential use. This is for work that is so extensive it requires a building permit and the unit to be empty.
Notice Period: At least 120 days. The termination date must be the last day of a rental period.
Compensation: The landlord must pay the tenant three months’ rent as compensation. If the building has five or more units, the tenant may also have a “right of first refusal” to move back into a renovated unit at a new rent, but the landlord is required to inform the tenant of this option in writing before the work is complete.
Find the form: N13 – Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use
Important Notes for Everyone
Proper Delivery: Notices must be delivered correctly according to LTB rules (e.g., in person, by registered mail, courier). An improperly delivered notice may be invalid.
Application to the LTB: A landlord cannot simply give a tenant a notice and expect them to leave. If the tenant does not move out by the termination date, the landlord must apply to the Landlord and Tenant Board for an eviction order and attend a hearing.
Tenant Rights: Tenants have rights even when receiving an eviction notice. They can dispute the notice at the LTB hearing and explain their side of the story. An LTB Member will make a final decision.
Legal Advice: If you are a landlord issuing a notice or a tenant receiving one, it’s always advisable to consult with a legal professional or a tenant/landlord advocacy organization to ensure your rights and obligations are fully understood. The LTB website and local community legal clinics are great resources.
