N9 Form Ontario: What Landlords Must Do When a Tenant Gives Notice
A tenant’s N9 sets the date your unit becomes vacant, but only if it’s valid. Here is how much notice the tenant must give, how to check the form, and what to do if they leave early or don’t leave at all.
Key points
- For a monthly tenancy, an N9 must give at least 60 days’ notice and end on the last day of a rental period.
- An N9 with a wrong date or missing signature does not end the tenancy. You can hold the tenant to a proper date.
- If the tenant leaves early, rent for the notice period can still be owed, but you must try to re-rent the unit.
- If the tenant does not move out by the date on a valid N9, you can apply to the LTB for an eviction order.
When a tenant decides to leave, they are supposed to serve the landlord with an N9, the Landlord and Tenant Board’s form for a tenant’s notice to end the tenancy. Most landlords are not sure what their obligations are when one arrives, and some tenants use the form incorrectly to try to leave early without paying for the full notice period.
What the N9 form is
The N9 is the official form a tenant uses to tell the landlord they intend to move out. It is the tenant’s notice, not the landlord’s, so the tenant is responsible for getting the dates right. Once a valid N9 is given, the tenancy ends on the date in the notice.
How much notice a tenant must give
| Type of tenancy | Minimum notice | Termination date must be |
|---|---|---|
| Month-to-month | 60 days | The last day of a rental period |
| Fixed-term lease (e.g. 1 year) | 60 days | No earlier than the last day of the lease term |
| Weekly or daily | 28 days | The last day of a rental period |
A tenant who gives less notice, or picks a mid-month date, has not given valid notice. You do not have to accept the early date. Different rules apply in some situations, for example a tenant leaving because of domestic or sexual violence, which uses a separate form.
How to check that an N9 is valid
- The termination date is at least 60 days after the notice was given (28 for weekly tenancies).
- The date falls on the last day of a rental period, and not before the end of a fixed-term lease.
- It is signed by the tenant or tenants who are ending the tenancy.
- The rental unit address and names match your lease.
Do not assume you have a vacancy date until you have confirmed the notice is valid. If something is wrong, tell the tenant in writing and keep a copy.
Not sure if the N9 you received is valid? We review notices for Ontario landlords every day.
Book a free 20-minute call →If the tenant wants to leave sooner
If you are willing to let the tenant go early, put it in writing. An N11, the Agreement to End the Tenancy, is the cleaner way to do this than accepting a short N9, because both of you sign the new date. See our guide to the N11 form.
If the tenant leaves before the date
If a tenant moves out before the termination date on their N9, the tenancy is still ongoing until that date, and you can pursue unpaid rent for that period. You also have a duty to mitigate, which means making reasonable efforts to re-rent the unit. Once the tenant has moved out, unpaid rent is claimed through an L10 application.
Showing the unit after you receive an N9
After a tenant gives notice, you may show the unit to prospective tenants between 8 a.m. and 8 p.m., as long as you make a reasonable effort to let the tenant know beforehand. Start marketing right away to shorten the gap between tenancies.
If the tenant doesn’t move out
A valid N9 does not remove a tenant on its own. If the tenant is still there after the termination date, you can file an application with the Landlord and Tenant Board for an order ending the tenancy and evicting the tenant. If the tenant still does not leave after the order, it is enforced by the Sheriff.
What to do when you receive an N9
- Check the dates and signatures against the checklist above.
- Confirm receipt and the termination date to the tenant in writing.
- Start advertising the unit and schedule showings with notice to the tenant.
- Plan the move-out inspection and how last month’s rent deposit will be applied.
- If the tenant leaves early or stays past the date, get advice before acting.
Frequently asked questions
Can a tenant give 30 days’ notice in Ontario?
Not for a monthly tenancy. The tenant must give at least 60 days’ notice ending on the last day of a rental period, unless you agree in writing to an earlier date, ideally with an N11.
Can a tenant end a one-year lease early with an N9?
No. An N9 cannot end a fixed-term lease before the term is over. The tenant can ask you to agree to an earlier date, assign the lease, or sublet with your consent.
Do I have to accept an N9 that has the wrong date?
No. A notice with less than the required notice or the wrong termination date is not valid. Let the tenant know in writing so there is no confusion about when the tenancy ends.
Can I refuse a valid N9?
No. If the N9 gives proper notice and the correct date, the tenancy ends on that date. Your job is to plan the turnover and protect your rent.
What if the tenant gave an N9 and now wants to stay?
That is up to you. If you have already re-rented the unit or want it back, the tenancy ends on the N9 date and you can apply to the LTB if the tenant does not leave.
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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