When a tenant decides to leave, they are supposed to serve the landlord with an N9 — a tenant’s notice to end their tenancy. Most landlords do not know what their obligations are when they receive one, and some tenants use the process incorrectly to try to leave early without consequence.
What the N9 Is
The N9 is the official form a tenant uses to give notice that they intend to vacate. For a monthly tenancy, the tenant must provide at least 60 days notice and the termination date must be the last day of a rental period. Shorter notice periods may apply in specific circumstances, such as a domestic violence situation.
The Notice Period Is the Tenant’s Responsibility
A tenant who gives insufficient notice — less than 60 days, or a termination date that falls mid-month — has not given valid notice under the RTA. As a landlord, you are not obligated to accept an early termination date. You can hold the tenant to the end of the required notice period.
When the Tenant Leaves Early Anyway
If a tenant abandons the unit before the termination date on their N9, the tenancy is still technically ongoing until the date specified. You have the right to pursue unpaid rent for that period. However, you also have a duty to mitigate by trying to re-rent the unit.
Verifying the N9 Is Valid
Check the N9 carefully: is the termination date at least 60 days out? Does it fall on the last day of a rental period? Was it signed by all tenants on the lease? An N9 with errors does not end the tenancy. Do not assume you have a vacancy date until you have confirmed the notice is valid.
What to Do When You Receive an N9
Acknowledge receipt in writing and confirm the termination date. Begin marketing the unit immediately to minimize the gap between tenancies. If the tenant is leaving early and owes rent for the notice period, document the situation and be prepared to file an L10 application to recover the arrears from a former tenant if necessary.
What Comes Next
Stonegate advises Ontario landlords on tenant notice situations and helps recover unpaid rent after a tenancy ends. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: N9 – Tenant’s Notice to End Tenancy
Ready to talk to a landlord paralegal?
Stonegate Legal Services handles landlord-only matters across Ontario. Flat fee. Free discovery call.
