N5 Notice Ontario: What It Is and When Landlords Should Use It
The N5 is the notice for damage, disturbing other people, or overcrowding. It gives the tenant one chance to fix the problem, so how you serve and document it decides whether it works.
Key points
- The N5 covers three things: damage to the unit, substantial interference with others, and overcrowding.
- A first N5 gives the tenant 7 days to stop the behaviour or fix or pay for the damage. If they do, the notice is void.
- If it happens again within 6 months, a second N5 cannot be voided and you can apply to the LTB right away.
- Specific, dated descriptions and photos are what win N5 hearings. Vague notices lose.
The N5 is one of Ontario’s most misunderstood eviction notices. It is used for problems other than unpaid rent, such as damage, disturbing other tenants or the landlord, or overcrowding. Unlike most notices, the first one gives the tenant a chance to fix the problem, and many landlords lose time because they don’t use it correctly.
What the N5 is for
The N5, Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding, covers three situations:
| Situation | Examples |
|---|---|
| Damage | Holes in walls, broken fixtures or appliances caused by the tenant or their guests |
| Interference | Repeated noise, harassment or conduct that substantially interferes with other tenants or the landlord |
| Overcrowding | More people living in the unit than health, safety or housing standards allow |
Unpaid or late rent is not an N5 issue. Use an N4 for unpaid rent and an N8 for persistent late payment.
The first N5 and the 7-day chance to fix it
The first N5 you serve gives the tenant 7 days to stop the behaviour, or to repair or pay for the damage. If they do, the notice is void and you cannot apply to the LTB based on it. This correction period is built into the law, so it can’t be skipped.
- The tenant stops the noise or interference within 7 days.
- The tenant repairs the damage or pays the reasonable cost of repair within 7 days.
- The tenant reduces the number of occupants within 7 days.
If none of that happens, you can file an L2 application with the Landlord and Tenant Board.
The second N5: no second chance
If the same kind of problem happens again within 6 months after a first N5 was voided, you can serve a second N5. This one cannot be voided. The tenant cannot fix it, and you can file your application right away. That is why a written record of every incident matters from the start.
Not sure whether your situation is an N5, an N7 or something else? We review notices for Ontario landlords every day.
Book a free 20-minute call →What counts as damage
The N5 covers damage beyond normal wear and tear. Scuff marks on walls or carpet worn from everyday use are normal wear and tear and do not qualify. Holes in walls, appliances broken through misuse and deliberately damaged fixtures are what the N5 is designed for.
Filling out the N5 properly
- Describe each incident or item of damage specifically, with dates and times.
- Keep photos, videos, repair quotes and written complaints from other tenants.
- Use the correct termination date on the form for the type of N5.
- Serve the notice properly and complete a Certificate of Service.
- Keep a diary of anything that happens after you serve it.
Vague descriptions give tenants room to argue at the hearing. The more specific the notice, the harder it is to challenge.
Applying to the LTB
If the first N5 is not voided, or after a second N5, you apply with an L2. At the hearing, the Board will look at your evidence of the damage or interference, and you can also ask for the cost of repairs. If the tenant doesn’t leave after an eviction order, it is enforced by the Sheriff.
Frequently asked questions
How much notice does an N5 give?
For a first N5, the termination date must be at least 20 days after you give the notice. A second N5, served within 6 months, needs at least 14 days. The tenant can void the first one within 7 days.
Can a tenant cancel an N5 by paying for the damage?
Yes, for a first N5. If the tenant repairs the damage or pays the reasonable cost of repair within 7 days, the notice becomes void.
Can I use an N5 for noise complaints?
Yes, if the noise substantially interferes with other tenants or the landlord. Keep dated records and complaints from the people affected.
Can I use an N5 for late rent?
No. Unpaid rent is handled with an N4, and persistent late payment with an N8.
What happens if the problem happens again?
If it happens again within 6 months after a first N5 was voided, you can serve a second N5 that cannot be voided and apply to the LTB right away.
About Bita Di Lisi
Bita is the lead paralegal at Stonegate Legal Services and is licensed by the Law Society of Ontario. She represents Ontario landlords at the Landlord and Tenant Board and teaches landlords and investors about notices, LTB timelines and the mistakes that cost months.
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