As an Ontario landlord, navigating the various forms and procedures of the Landlord and Tenant Board (LTB) is an essential part of managing your rental properties. Among the most common notices you might encounter is the N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding. This blog post will break down what an N5 notice is, when and why you might use it, and the crucial steps you need to follow to serve it correctly.
What Exactly is an N5 Notice in Ontario?
The N5 notice is a formal document used by landlords in Ontario to inform a tenant that their tenancy may be terminated due to specific issues related to:
- Interference with others: This means the tenant, or someone else living with them, or their guests, has seriously interfered with another tenant’s or the landlord’s “reasonable enjoyment” of the property. This can include excessive noise, harassment, or actions that significantly disrupt the peace and comfort of others.
- Damage to the property: This refers to the tenant, or someone else living with them, or their guests, causing undue damage to the rental unit or the residential complex (e.g., common areas, exterior). “Undue damage” means damage beyond normal wear and tear.
- Overcrowding: The number of people living in the rental unit violates health, safety, or housing standards required by law.
It’s crucial to remember that the N5 notice is a Notice of Termination, not an eviction order. Only the Landlord and Tenant Board can issue an order for eviction. The N5 is the first official step in a process that may lead to an LTB hearing.
You can always find the official N5 form and its instructions directly on the Tribunals Ontario website: N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
When Should You Use an N5 Notice?
The N5 notice is specifically designed for situations where a tenant’s behavior impacts others or the property itself. Here are common scenarios where an N5 might be appropriate:
- Persistent Noise: If a tenant consistently makes excessive noise (loud music, parties, shouting) that disturbs other tenants or violates quiet hours specified in the lease.
- Harassment: If a tenant or their guests are harassing, threatening, or intimidating other residents or the landlord.
- Illegal Activity (Non-Serious): For less severe illegal activities that cause interference or damage but are not covered by the N6 notice (which is for serious illegal acts or misrepresentation of income).
- Property Damage: If a tenant has caused damage to walls, fixtures, appliances, shared common areas, or the exterior of the building beyond what’s considered normal wear and tear. This includes damage from pets if the tenant has failed to prevent it.
- Unauthorized Guests/Occupants Causing Issues: While N6 is for misrepresentation of income, an N5 can be used if unauthorized occupants are causing interference or damage.
- Overcrowding: If the number of occupants in the unit exceeds legal limits set by municipal bylaws or provincial health/safety standards.
Important Distinction: N5 vs. N7
While the N5 covers damage and interference, the N7: Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex is used for much more severe issues that genuinely endanger safety or property, such as intentionally setting fires, causing flooding, or physically harming others. The N7 typically has a shorter notice period (10 days) and often leads to an expedited LTB hearing due to its serious nature.
The “Chance to Correct” Rule: A Key Feature of the N5
One of the most critical aspects of the N5 notice, especially for landlords, is the “chance to correct” rule. This rule applies if it’s the first N5 notice you have given to the tenant for any reason within the last six months.
- 7-Day Correction Period: If it’s the first N5 within six months, the tenant has 7 calendar days from the date they receive the notice to “void” the notice. They void the notice by stopping the problematic behaviour, repairing the damage, or addressing the overcrowding issue to your satisfaction.
- Notice Becomes Void: If the tenant corrects the issue within these 7 days, the N5 notice becomes void and unenforceable. This means you cannot file an application with the LTB based on this specific notice. The tenancy continues as if the notice was never given.
- Second N5 within Six Months: If you have to serve a second N5 notice to the same tenant for any reason (even a different type of interference or damage) within six months of the first N5 that was voided, the “chance to correct” rule does not apply. This second notice will have a straightforward 20-day notice period, and the tenant cannot void it by correcting the issue. You can apply to the LTB for an eviction order based on this second notice immediately after the termination date passes.
This rule encourages tenants to address issues promptly while giving landlords a clearer path to eviction if problematic behavior persists.
Step-by-Step: How to Properly Serve an N5 Notice
Serving an N5 notice requires precision. Incorrect service or incomplete forms can lead to delays or dismissal of your case by the LTB.
- Identify the Reason(s) and Gather Evidence:
- Clearly define why you are issuing the N5. Is it noise, damage, harassment, or overcrowding?
- Crucially, gather evidence. This is vital if you need to go to the LTB. Evidence can include:
- Detailed notes in a logbook (dates, times, descriptions of incidents).
- Photos or videos of damage (with timestamps).
- Witness statements from other tenants or neighbors (signed and dated).
- Copies of any previous written warnings or communications you’ve sent to the tenant about the issue.
- Police reports (if applicable, e.g., for harassment or serious disturbances).
- Obtain and Fill Out the Official N5 Form:
- Download the N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding directly from the Tribunals Ontario LTB forms page: LTB Landlord Forms.
- Fill out every section accurately:
- Tenant Names: Write the full, correct names of all tenants on the lease.
- Rental Unit Address: Provide the complete address, including unit number.
- Reason for Notice: Tick the appropriate box(es) for interference, damage, or overcrowding.
- Details: This is critical. Provide specific examples of the problematic behaviour or damage, including dates, times, and descriptions. Be as detailed and factual as possible.
- Notice Period Calculation: The N5 generally requires 20 days’ notice. The termination date must be the last day of a rental period (e.g., if rent is due on the 1st of the month, the rental period ends on the last day of a month). The notice period begins the day after the notice is given.
- Landlord Information & Signature: Complete your name and contact details, then sign and date the form.
- Serve the N5 Notice Legally:
- The Residential Tenancies Act outlines acceptable methods of service. Choose one that you can prove.
- Recommended Methods (with proof):
- Personal Delivery: Hand the notice directly to the tenant or an adult (over 18) living in the unit. Make a note of the date, time, and person you served.
- Registered Mail/Courier: Send via a service that provides tracking and proof of delivery. Remember, if sending by mail, you must add 5 days for deemed service time to your notice period calculation. So, a 20-day notice becomes 25 days from mailing date.
- Place in Mailbox/Mail Slot: If the tenant is still in possession, you can place it in their mailbox or through a mail slot.
- Under the Door: Slide it under the door of the rental unit.
- Avoid: Taping it to the outside of the door, email (unless agreed to in writing), or text message are generally not considered proper legal service.
- Serve all tenants: If there are multiple tenants on the lease, serve a copy to each.
- Complete a Certificate of Service:
- Immediately after serving the N5, fill out a Certificate of Service form. This document acts as your official record of how and when the notice was delivered.
- You will need to submit this form as proof if you later apply to the LTB for an eviction order.
- LTB Certificate of Service form: Certificate of Service (Current tenant)
- Monitor the 7-Day Correction Period (if applicable):
- If this is the tenant’s first N5 within six months, pay close attention during the 7-day correction period.
- Document whether the tenant has ceased the problematic behavior or rectified the damage. Take dated photos if damage was repaired.
- If they correct the issue to your satisfaction, the notice is void. Do not proceed to the LTB.
- If they do not correct the issue within 7 days, or if this is the second N5 within six months, then the notice remains valid.
- Next Steps (If Tenant Doesn’t Comply or Move):
- If the tenant does not correct the issue within the 7-day period (if applicable) and does not move out by the termination date on the N5, you can then apply to the LTB for an eviction order.
- The application form you would typically use is an L2: Application to End a Tenancy and Evict a Tenant or Collect Money. You can find this form here: L2 – Application to End a Tenancy and Evict a Tenant or Collect Money.
- You will submit your completed N5 notice and the Certificate of Service as part of your L2 application. The LTB will then schedule a hearing.
Why Proper Use of the N5 is Crucial
Using the N5 notice correctly is vital for several reasons:
- Legal Compliance: It ensures you are following the Residential Tenancies Act, avoiding penalties or having your case dismissed.
- Clear Communication: It formally notifies the tenant of the problem and the potential consequences, giving them an opportunity to rectify the situation.
- Foundation for LTB Application: A properly issued N5 is the necessary groundwork for any subsequent application to the LTB seeking an eviction order based on tenant interference, damage, or overcrowding. Without it, your LTB application will likely fail.
By understanding the N5 notice and adhering to the legal requirements for its use and service, landlords can effectively manage challenging tenant situations in Ontario while upholding their responsibilities under the RTA. When in doubt, it’s always wise to consult with a legal professional specializing in landlord-tenant law.
