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Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding |
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Instructions |
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- reasonable enjoyment of the residential complex or
- interfered with another lawful right, privilege or interest of the landlord or other tenants.
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The termination date
· The earliest date you can put in this field depends on the type of tenancy you have with your tenant:- If this is the tenant’s first N5 Notice to End your Tenancy in the past 6 months, the termination date on page 1 must be at least 20 days after you give the tenant this notice.
- If this is the tenant’s second N5 Notice to End your Tenancy in the past 6 months, the termination date on page 1 must be at least 14 days after you give the tenant this notice.
- repairing the damaged property,
- paying you the estimated cost to repair the damaged property,
- replacing the damaged property if it is not reasonable to repair it or
- paying you the estimated cost to replace the damaged property.
Section A: When to use this notice............................................................. p. 1
Section B: How to complete this notice ....................................................... p. 2
Section C: How to give this notice to your tenant ........................................ p. 3
Section D: What happens after you give this notice .................................... p. 4
Section E: What to do if you have any questions ......................................... p. 5
You can give this notice to the tenant for the following reasons:
Reason 1: The tenant, the tenant’s guest or another occupant of the rental unit substantially interfered with another tenant’s or your:
If you live in the same building as the tenant and the building has three or fewer residential units you
can give the tenant
a Form N7 Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential
Complex instead of a Form N5.
The Form N7 cannot be voided and it has a shorter notice period.
Reason 2: The tenant, the tenant’s guest or another occupant of the rental unit wilfully or
negligently damaged the rental unit or the residential complex.
Reason 3: The number of people living in the rental unit is more than permitted by health, safety or property standards.
Giving this notice is the first step in evicting a tenant for the above reasons. If the tenant does not stop the activities or correct the behaviour described within 7 days of being given the Form N5, then, starting on the 8th day, you can apply to the Landlord and Tenant Board (LTB) to evict the tenant. See Section D below for information about what happens after you give this notice to your tenant.
Read these instructions before completing the notice.
You are responsible for ensuring that your notice is correct and complete.
Follow the instructions carefully when you complete the notice. If you do not
complete the form properly, your notice may not be valid and you may have to start over.
Under To, fill in the name of the tenant to whom you want to give the notice. If there is more than one tenant living in the rental unit, fill in the names of all of the tenants. Where there is a subtenant or assignee, you should name these people in the notice. However, you do not need to name other occupants, such as children or guests of the tenant.
Under From, fill in your name. If there is more than one landlord, fill in the names of all of the landlords.
Under Address of the Rental Unit, fill in the complete address of the rental unit, including the unit number (or apartment or suite number) and the postal code.
When you are counting the days, do not include the date you are giving the notice to the tenant. If you are faxing the notice, the notice is deemed to be given on the date imprinted on the fax. If you are sending the notice by courier, add one business day for delivery. If you are sending the notice by mail, add five days for delivery.
Example:
The landlord is giving the tenant an N5 notice. This is the tenant’s first N5 notice in the past 6 months.
If the landlord decides to hand the notice to the tenant in person on November 15th, the landlord can fill in December 5th as
the termination date (20 days after November 15th). If the landlord intends to put the notice in the mail on November 15th,
the landlord has to add five calendar days, bringing the termination date to December 10th (20 days + 5 days for mailing).
My Reason(s) for Ending your Tenancy: :
Shade the box completely next to each reason for giving the tenant this notice.
Then shade the circle to indicate whether this is the first or second N5 Notice to End your Tenancy that you have given
the tenant in the past 6 months.
If this is 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 are giving your tenant in the past 6 months,
the tenant will have 7 days to void the notice and avoid eviction by stopping the activities or correcting the behaviour you
describe on page 2 under Details About the Reasons for this Notice.
If the tenant does not stop the activities or correct the behaviour you describe within 7 days, then, on or after
the 8th day after giving the tenant this notice, you can apply to the LTB to terminate the tenancy and evict the tenant.
Reason 2: If this is the first form N5 Notice to End Your Tenancy you are giving your tenant in the past 6 months, the tenant will have 7 days to void the notice and avoid eviction by:
You can correct the problem(s) by:
Fill in the amount it will cost you to repair the damaged property,
or, if it is not reasonable to repair the damaged property,
fill in the amount it will cost you to replace the damaged property.
If the tenant does not repair or replace the damaged property or pay you the estimated cost to repair or replace the damaged property within 7 days, then, on or after the 8th day after giving the tenant this notice, you can apply to the LTB to terminate the tenancy and evict the tenant.
Reason 3: If this is the first form N5 Notice to End Your Tenancy you are giving your tenant in the past 6 months, the tenant will have 7 days to void the notice and avoid eviction by reducing the number of people living in the rental unit to the number you have indicated on page 2 of the notice. If the tenant does not reduce the number of people living in the rental unit within 7 days, then, on or after the 8th day after giving the tenant this notice, you can apply to the LTB to terminate the tenancy and evict the tenant.
If this is the second N5 Notice to End your Tenancy in the past 6 months:
If this is the second form N5 Notice to End Your Tenancy you are giving the tenant in the past 6 months,
the tenant cannot void this notice and you can apply to the LTB to terminate the tenancy and evict the
tenant as soon as you have given the notice to the tenant.
Details About the Reasons for this Notice:
You must complete this section of the form whether this is the first or second notice you are giving the tenant
in the last six months.
In the space provided on the form, describe what you believe the tenant, the tenant’s guest or another
occupant of the rental unit did that caused you to give the notice to the tenant. You should be as specific
as possible. For example, include whether it was the tenant, another occupant of the rental unit or a guest
of the tenant who caused the problem, the dates and times the events occurred and what happened, who was affected,
etc. If you need additional space, complete and attach an additional sheet of paper.
If you are giving this notice because the number of people living in the rental unit is more than permitted by health, safety or property standards, include the name of the law or by-law that sets out the maximum number. Also include the maximum number allowed by this law. You can contact the municipality to find out if there is a by-law, and if there is, to find out how many people are allowed to live in the rental unit. If this is the first form N5 Notice to End Your Tenancy you are giving your tenant you must also clearly provide what the tenant must do to void the notice.
Signature:
If you are the landlord, shade the circle marked “Landlord”. If you are the landlord’s representative,
shade the circle marked “Representative”. Fill in your name and phone number. Then, sign the notice and fill
in the date you sign the notice.
Representative’s Information (if applicable):
If you are the landlord’s representative, fill in your name and phone number.
Then, fill in your name, company name (if applicable), and mailing address.
Include your phone number and fax number, if you have one.
There are many ways that you can give this notice to your tenant. You can:
hand it directly to the tenant or to an adult in the rental unit,
leave it in the tenant's mailbox or where mail is ordinarily delivered,
place it under the door of the rental unit or through a mail slot in the door,
send it by fax to a fax machine where the tenant carries on business or to a fax machine in their home,
send it by courier, or
send it by mail.
You cannot give the tenant this notice by posting it on the door of the tenant’s rental unit.
It is important that you keep a copy of the notice you give your tenant.
If the tenant pays the rent they owe by the termination date in the notice, the notice is void and you cannot apply to the LTB to evict the tenant.
If the tenant does not pay the rent they owe you or does not move out by the date you put in the notice, you can apply to the LTB for an order to evict the tenant and to collect the rent the tenant owes.
The earliest date you can file your application with the LTB is the day after the termination date you put in this notice.
To make this application, you need an Application to Evict a Tenant for Nonpayment of Rent and to Collect Rent the Tenant Owes (Form l1). You will also need to file a copy of the Notice to End your Tenancy for Non-payment of Rent (Form N4) you gave the tenant, and a Certificate of Service to tell the LTB when and how you gave the notice to the tenant.
You must apply no later than 30 days after the termination date you put in this notice.
The L1 and the Certificate of Service forms are available at your local LTB office, or from the LTB website at tribunalsontario.ca/ltb.
You can visit the LTB website at: tribunalsontario.ca/ltb
You can call the LTB at 416-645-8080 from within the Toronto calling area, or toll-free at 1-888-332-3234 from outside Toronto, and speak to one of our Customer Service Officers.
Customer Service Officers are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m. They can provide you with information about the Residential Tenancies Act and the LTB's processes; they cannot provide you with legal advice. You can also access our automated information menu at the same numbers listed above 24 hours a day, 7 days a week.

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