What is an N5?

An N5 is a notice form that is to be served onto tenants causing issues in a unit. 

There are specific cases in which an N5 may be served:

For every reason for providing the tenant this notice, completely shade the box next to it. The circle should then be shaded to show whether this is the tenant’s first or second N5 Notice to End Tenancy from you in the previous six months.

Reasons to Serve N5

For the first N5 Notice to End your Tenancy in the past 6 months:

Reason 1: If this is the first form N5 Notice to End Your Tenancy you’ve given your tenant in the previous six months, they have seven days to revoke the notice and avoid being evicted by discontinuing the actions or changing the behavior you’ve listed on page 2 under the section titled Details About the Reasons for This Notice.

On or after the eighth day after giving the tenant this notice, you may apply to the LTB to end the tenancy and evict the tenant if they do not stop carrying out the same activities or adjust the behavior you describe within 7 days.

Reason 2: The renter has seven days to revoke the notice and avoid eviction if this is the first form N5 Notice to End Your Tenancy you have given your tenant in the previous six months by:

• Repairing the damaged property, paying you the estimated cost to do so and

• Replacing the damaged property if it is not suitable to repair or paying you the estimated cost.

You can resolve the issues by filling in the cost of repairing damages to the property. If fixing the damaged property is not feasible, fill in the cost of replacing the damaged property.

This is how a tenant can fight eviction in regard to the N5 Form Ontario.

You may apply to the LTB to end the tenancy On or after the eighth day after giving the tenant this notice and evict the tenant if the tenant does not fix the damaged property, replace it, or pay you the estimated cost to fix the property.

Reason 3: The tenant has seven days to void the notice and avoid eviction  by reducing the number of occupants in the rental unit to the number you specify on page 2 of the notice if it is the first time the N5 Notice is served to End  Tenancy in the previous six months.

You may appeal to the LTB to terminate the tenancy and evict the tenant on or after the eighth day upon providing the tenant with this notice if they do not reduce the number of occupants in the rental unit within 7 days.

For the second time the N5 Notice is served to End your Tenancy in the past 6 months:

The tenant cannot revoke this notice if it is the second time the N5 Notice is being given to End Your Tenancy you have given the tenant in the last six months. Instead, you may apply to the LTB to end the tenancy and evict the tenant shortly after have served the notice.

Specific Details about the N5 Notice

When Completing the N5 Notice for Damages

Receipts must be kept to show the cost of Repayment for the repairs or replacement that the landlord has already completed.

The cost of repair/replacement must be correctly indicated. The landlord should get at least two estimates if they want to be compensated for the repairs or to replace the damaged item(s).

The N5 Notice should state the lower amount from the estimates.

When Filling Out The N5 Notice For Behaviour And/Or Overcrowding

Behaviour – The landlord must make thorough notes (including dates and times) of the problem(s) in question and present them. This could include specific information from any witnesses, including other occupants of the building or unit, nearby residents, the authorities, etc.

Overcrowding –  The landlord should inquire about the regulations regarding overcrowding from the municipality.

Each copy of the N5 Notice you give to the renter, the Landlord Tenant Board, and the copy you keep for yourself must all contain any additional pages, such as pictures and estimates.

One landlord only needs to sign the notice if there are several landlords. Make a copy for each tenant if there are more than one.

What to do if served with an N5?

In the case of The N5 Termination Notice, the tenant gets 3 options for Damages Or Overcrowding Issues. They are:

• Move out of the apartment by the termination date.

• Ignore the warning and wait until the landlord applies to the Landlord and Tenant Board (LTB).

• Solve all issues identified within 7 days of receiving the N5 Notice. LTB paralegal RTA paralegal LTB paralegal toronto

When serving the N5, consider the following:

• When serving the N5 notice, it’s essential to consider the following:

• Take action immediately: It’s critical to act immediately if your renter is causing damage, interfering with another tenant, or overcrowding the apartment. The procedure can become more complicated if the notice is served late.

• Provide detailed information: All landlord’s and tenants’ complete names, the unit’s full location, and the precise justification for the notification must all be included.

• Understand the timelines: The notice must be delivered at least 20 days prior to the termination date because the termination date is based on the day it is given. The termination date is 14 days from the date it was given if it is the second N5 Notice issued within 6 months.

• Obtain estimates for damages: If the notice is for damage, it’s crucial to get at least two written estimates to justify the amount you’re asking the tenant to pay.

• Offer options: Offer tenants three choices mentioned above. Landlord paralegal expert paralegal paralegal gta gta paralegal

• Be specific about the reason for the notice: Include every relevant detail in the notice given if there is more than one applicable reason.  landlord & tenant paralegal board gta, paralegal rta, rta paralegal, ltb paralegal, paralegal ltb, landlord paralegal toronto, gta paralegal, paralegal services for landlords, landlord paralegal, best ltb paralegal,serve n12 notice, ltb paralegal, landlord representative, landlord representation, n12 notice, paralegal notary public, paralegal firm, n12 landlord and tenant board, landload paralegal

It’s important to note that serving an N5 notice can be complicated, and seeking legal advice is recommended if you need more information or assistance.

Please consider hiring a licensed professional.

Michael Joseph Kaufman

Licensed Paralegal

(289) 395-0207

Michael@Kaufmanrights.ca