Important information

If your tenant is causing damages in the rental unit, owes money for unpaid utilities, is interfering with another tenant in the building, using something that they shouldn’t be such as a parking spot or storage space, or has too many people living with them in the unit, it is very important that you take action right away. DO NOT wait months before you do something.

If serving this notice for damages, get at least two written estimates and do not wait until the tenant is moving out before starting this process.  If you know about damage while the tenancy is in place and you don’t do anything about it until the tenant moves out, you risk not being able to file the application.

The application process can take 4 to 8 months or longer, so make sure to read the notice carefully, understand what you are giving to your tenant, and follow the timelines. The smallest error will make the notice void and mean that you waste a lot of time and lose a lot of money.

Names

When listing the tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent.

If your tenant uses a nickname, include both their legal name and nickname (see the example with Jonathan Smith).

If you have a joint tenancy (2 or more tenants together on one agreement) make sure to include all their names.

The same applies with landlords, include full names of all landlords for a rental unit.

It is very important that the address of the rental unit includes the full address and specifies exactly where the tenant is living, such as the main floor, basement, upper floor, or a unit number.

Termination date

If this is the first N5 notice you are giving to your tenant, it is a 20-day termination notice. If this is the second N5 notice you are giving to your tenant within 6 months, it is a 14-day termination notice.

When calculating the termination date, the day this notice is served to the tenant is considered Day 0, the next day is Day 1. This notice CANNOT be posted on the door of the rental unit or sent by text message to the tenant. You could send the notice by email as long as the landlord and the tenant agreed to service by email in writing. This agreement can be recorded in the Standard Form of Lease Agreement or the Landlord and Tenant Board form Consent to Service by Email. However, this agreement can be revoked at any time in writing to the other party.

The N5 Notice to Terminate the Tenancy can be given to tenants for:

• Substantially Interfering with another tenant or the landlord’s enjoyment of the residential complex and/or lawful rights, privileges, or interests;

• Damages; or

• Overcrowding.

The N5 Notice gives the tenant three options:

• Correct all the issues identified and void the notice within 7 days;

• Move out of the unit by the termination date; or

• Ignore the notice and wait until the landlord files with the Landlord and Tenant Board.

Reason 1

Shade in the box next to Reason 1 if you are giving this notice for issues such as noise, smoking, behaviour, interference with access of the rental unit after proper notice has been given, or unpaid utility bills.

If this is the first N5 notice you are giving the tenant, shade in the first circle. This notifies the tenant that they can void it if they correct all the issues during the 7 days following the day they were given the notice.

Reason 2

Shade in the box next to Reason 2 if you are giving this notice for damage.

If this is the first N5 you are giving the tenant, shade in the first circle. This notifies the tenant that they can void it if they pay for OR fix the damage during the 7 days following the day they were given the notice.

If you are including dollar amounts for damage, make sure to obtain at least two written estimates to help you justify the amount you are asking for the tenant to pay. If the damaged items cannot be repaired, make sure to include estimates for the cost to replace the items.

Note: You can serve the tenant with a written 24 hour notice to enter the unit before serving the N5 notice if you need to perform a maintenance inspection to assess any damages.

Reason 3

Shade in the box next to Reason 3 if you are giving this notice for overcrowding.

If this is the first N5 you are giving the tenant, shade in the first circle. This notifies the tenant that they can void it if they remove the extra people during the 7 days following the day they were given this notice.

Overcrowding is very difficult to prove. If giving the N5 notice because of overcrowding, first make sure it is actually overcrowded. Check with your local municipality for occupancy bylaws and attach a copy if the number of people the tenant has living with them violates the municipal requirements.

Note: Tenants are allowed under the Residential Tenancies Act to have guests or roommates stay with them for as long as they want. Landlords cannot evict a tenant for having guests or roommates and cannot increase the rent because of the additional people.

If this is the second N5 you are giving your tenant within 6 months, shade in the second circle. This notifies the tenant that they cannot void the notice and that you can file with the Landlord and Tenant Board right away. 

Shading in both circles or failing to shade either will result in you having to start over and serve a new notice.

Details

If more than one of the reasons out of the three listed on this notice apply to your current tenancy, all the issues can be documented using one N5 notice. Make sure to shade in all the appropriate boxes and include all the details in the chart below.

There is limited space in the details chart, so if you need more room to outline all the issues, write SEE ATTACHED in the box and attach the additional pages.

Example

It is not enough to put in the basic information with the intention of explaining it in more detail at the hearing. If this part of the N5 notice is not filled in with as much information and detail, including specific dates and times, as possible, there is a good chance the application will be dismissed and you will have to start the process over. Also make sure to include how the tenant is supposed to correct the issue identified.

Any additional pages you include with the N5 notice, such as pictures and estimates, must be included with the copy you give to the tenant, the copy you give to the Landlord and Tenant Board, and the copy you keep for yourself.

Signature

If there are multiple landlords, only one of them needs to sign the notice. The date next to the signature is the date the notice will be given to the tenant.

Review the notice to make sure there are no mistakes, that you understand what you are giving to the tenant and keep a copy for yourself. If there are multiple tenants, make a photocopy for each.

Service Rules

Make sure to deliver the notice to the tenant according to the Landlord and Tenant Board Rules. Improper service will result in you having to start the process all over.

The most common methods of service are delivery in person to the tenant, sliding it underneath the unit door, or putting it in the mailbox (as long as you do not require a key to access the mailbox).

Never post this notice on the unit door, or send it by text message, as these are improper methods of service and will make the notice invalid.

Consent to Service by Email

Landlords and tenants can consent in writing to service by email. While it is not mandatory to use the Landlord and Tenant Board form, it is suggested that you document the agreement with your tenant using it in order to obtain all the required information.

You can also document this agreement by checking off the box on page 2 of the Standard Form of Lease.

It is important to note that consent can be revoked at any time, by the landlord or tenant, as long as it is done in writing.

Next steps

If the tenant does not correct the issues by the appropriate date or move out by the termination date, you should continue with the process and file the L2: Application to End a Tenancy and Evict a Tenant. This application can be filed as early as day 8 if it is the first N5 notice or in the case of a second N5 notice right after the termination notice is provided to the tenant.

It is important to continue with the L2 application to the Landlord and Tenant Board if the tenant does not void the N5.  Keep in mind that this eviction process can take 4 to 8 months on average.

Conclusion

Thank you for watching this webinar about the N5 Notice to end your tenancy for interference, damage or overcrowding.

The information offered in this presentation is intended as general information, it is not legal advice.

If you have a specific issue or situation, please contact a legal service provider.

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Michael Joseph Kaufman

Licensed Paralegal

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Michael@Kaufmanrights.ca