N7 Notice in Ontario: The 10-Day Notice for Serious Problems
Some tenant conduct is too serious for the usual warning-first approach. The N7 lets a landlord end a tenancy on just 10 days’ notice, and the tenant can’t fix it to stay. But it only applies in specific situations, and you have to prove them. Here is when the N7 fits and when you should use an N5 instead.
Key points
- The N7 needs at least 10 days’ notice, plus 5 days if you mail it.
- It covers seriously impaired safety, wilful damage, use causing serious damage, and interference with a landlord living in a building of three units or fewer.
- Unlike a first N5, the tenant can’t void an N7 by fixing the problem.
- You can file an L2 right after serving it, and no later than 30 days after the termination date.
Most problems with a tenant start with a warning. A first N5, for example, gives the tenant 7 days to stop the behaviour or fix the damage. The N7 is different. It is for conduct serious enough that the law doesn’t give the tenant a chance to correct it.
When you can use an N7
| Reason | What you must show |
|---|---|
| Impaired safety | The tenant, a guest or another occupant seriously impaired the safety of another person in the building |
| Wilful damage | The damage was done deliberately, not just carelessly |
| Inconsistent use | The unit was used in a way inconsistent with residential use, causing or likely to cause serious damage |
| Landlord’s enjoyment | You live in the same building, it has three or fewer residential units, and the tenant substantially interfered with your reasonable enjoyment or lawful rights |
N7 or N5?
The N7 is faster, but harder to prove. If you can’t show the damage was deliberate, the Board will dismiss an N7 for wilful damage. In that case, the 20-day N5 for wilful or negligent damage is the safer choice. The same goes for interference: unless you live in a building of three units or fewer, interference with you or other tenants is an N5 issue.
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Book a free 20-minute call →Serving the N7
The termination date must be at least 10 days after you give the notice. Don’t count the day you serve it, add 5 days if you mail it and 1 business day if you send it by courier. You can hand it to the tenant or an adult in the unit, leave it in the mailbox, slide it under the door, or send it by courier or mail. You can’t just post it on the door. See how to serve a notice.
Applying to the LTB
Because the N7 can’t be voided, you can file an L2 application as soon as you’ve served it. File the N7 and the Certificate of Service with it, no later than 30 days after the termination date. At the hearing, the Board can still consider whether to refuse or delay the eviction based on all the circumstances.
Pets and the N7
An N7 for impaired safety, or for interfering with a landlord in a small building, can be based on an animal. The Board can only evict if it is satisfied the tenant keeps the animal and that it has caused substantial interference, caused a serious allergic reaction, or is a species or breed that is inherently dangerous. See pets in Ontario rentals.
Proving your case
- Photos and videos of damage, with dates.
- Police or fire reports for safety incidents.
- Statements from witnesses who will attend the hearing.
- Repair invoices showing the cost of damage.
- A written log of incidents, made at the time.
Frequently asked questions
How much notice does an N7 give the tenant?
At least 10 days, plus 5 days if mailed or 1 business day if couriered.
Can a tenant cancel an N7 by fixing the problem?
No. Unlike a first N5, an N7 can’t be voided.
When can I file with the LTB after an N7?
Right after serving it, using an L2, and no later than 30 days after the termination date.
Can I use an N7 for damage the tenant caused by accident?
No. The N7 is for wilful damage. Accidental or careless damage is an N5 issue.
Can I use an N7 because my tenant’s dog is aggressive?
Possibly, if it seriously impairs someone’s safety. The Board must be satisfied about the animal before it evicts.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
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