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Damage, disturbance or illegal activity

Your tenant, someone living with them or their guest is damaging the unit, disturbing other people or doing something illegal in the building. The Residential Tenancies Act has a separate notice for each kind of problem, and each notice has its own timing rules.

N5 · N6 · N7 · L2

What we do

  1. Review what happened

    We look at the conduct, the dates, who was involved and the evidence you have.

  2. Choose the notice

    We match the facts to the grounds in the Act and decide between a first N5, a second N5, an N6 or an N7.

  3. Prepare and give the notice

    We draft the notice with specific details and a correct termination date, and give it by a permitted method.

  4. Track the correction period

    For a first N5, we check whether the tenant corrected the problem within the seven days.

  5. File the L2

    We file the L2 with the notice and the Certificate of Service within 30 days after the termination date.

  6. Prepare for the hearing

    We organize your evidence, disclose it on time and present your case to the Board.

The forms involved

How the timing works

  1. Notice givenDay 0 is not counted. Mail adds five days.
  2. Correction periodFirst N5 only: seven days to fix the problem.
  3. Termination dateMinimum: 20 days (N5), 10 (N7), 10 or 20 (N6).
  4. File the L2No later than 30 days after the termination date.
  5. HearingYou prove the grounds. The Board decides.

How the process runs

The N5 covers three problems: substantial interference with the reasonable enjoyment or lawful rights of you or another tenant, undue damage caused wilfully or negligently, and overcrowding. Its termination date must be at least 20 days after you give it. A first N5 gives the tenant seven days to end the conduct, repair or pay for the damage, or reduce the number of occupants. If they do, the notice is void. If new conduct happens more than seven days but less than six months after the first N5, a second N5 needs only 14 days and cannot be voided (RTA s. 68).

The N6 is for an illegal act or business in the unit or the building. It needs 10 days for drug production or trafficking and 20 days otherwise. It also covers misrepresented income in a rent-geared-to-income unit. The N7 is for serious problems: seriously impaired safety, wilful damage, use that causes serious damage, or interference in a building of three or fewer units where you live. It needs 10 days and has no correction period.

The next step is the L2 application. On a first N5 you wait until the seven days have passed. On the other notices you can apply right away. The deadline is 30 days after the termination date. At the hearing you must prove what the notice says, and the Board must consider whether to refuse or delay the eviction (RTA s. 83).

Where applications go wrong

  • A termination date that is too early. Do not count the day you give the notice, and add five days if you mail it. A wrong date cannot be corrected later.
  • Too little detail. The notice must give reasons and details: dates, times, who was involved and what happened.
  • No cost estimate. A first N5 for damage must state your estimate of the cost to repair or replace the property.
  • Mixed or repeated notices. An N5 cannot be both voidable and non-voidable. A second N5 based only on the incidents in the first one is likely to fail.
  • Wilful damage not proven. If you use an N7 for wilful damage and cannot show it was deliberate, the application will be dismissed.
  • Missing documents. The L2 needs a copy of the notice and the Certificate of Service. For a second N5, include the first N5 and its Certificate of Service as well.

Fees

The steps below are each priced on their own. Board filing fees are separate and are paid to the Board.

  • Notice drafted and served

    One notice, prepared, checked and served on the tenant.

  • Board application

    Application filed with the Board, with evidence collected and submitted.

  • Hearing representation

    Preparation and representation at the Board or Divisional Court.

No two matters are alike, so we price yours once we know the facts. You will know the fee before any work starts.

Screening call: 15 minutes, complimentary. Full consultation: 45 minutes, $150 incl. HST.

Book the complimentary call

Questions

Can my tenant cancel an N5 by fixing the problem?

Yes, if it is the first N5. The notice is void if, within seven days after receiving it, the tenant ends the conduct, reduces the number of occupants, or repairs or pays for the damage, or makes arrangements you accept. You cannot apply on a voided notice. If new conduct happens more than seven days but less than six months after the first N5, a second N5 can follow, even if the first was voided. A second N5, an N6 and an N7 have no correction period.

Does my tenant need to be charged or convicted before I give an N6?

No. The Act lets the Board end a tenancy based on an N6 for an illegal act whether or not anyone has been convicted of an offence. The LTB’s guideline adds that an eviction can be ordered even if no charge was laid, and that a charge on its own is not proof. The Board decides on a balance of probabilities, so you still need evidence of the illegal act or business, and you must prove it at the hearing.

Can I recover the cost of repairs as well as ending the tenancy?

Yes. On the L2 you can claim the cost to repair or replace the damaged property. You have to claim both the eviction and the money on the application, and explain how you worked out the cost. Photos, invoices and estimates must go to the tenant and the Board at least seven days before the hearing. If the tenant has already moved out, the claim goes on an L10 instead, filed no later than one year after they left.

Sources (28)

Legal statements on this page come from Ontario's laws and regulations, the Landlord and Tenant Board's own forms, instructions and rules, and the other official sources listed below.

  1. N5 covers substantial interference with reasonable enjoyment or another lawful right of the landlord or another tenant (RTA s. 64(1)). Ontario e-Laws
  2. N5 covers undue damage caused wilfully or negligently by the tenant, an occupant or a person the tenant permits in the complex (RTA s. 62(1)). Ontario e-Laws
  3. N5 covers overcrowding that contravenes health, safety or housing standards; the tenant has seven days to reduce the number of occupants (RTA s. 67). Ontario e-Laws
  4. First N5 termination date is not earlier than the 20th day after the notice is given (RTA ss. 62(2)(a), 64(2)(a), 67(2)(a)). Ontario e-Laws
  5. A first N5 for damage requires the tenant, within seven days, to repair or replace, or pay the cost; it is void if the tenant complies or makes arrangements satisfactory to the landlord (RTA s. 62(2)(c), 62(3)). Ontario e-Laws
  6. A first N5 for interference is void if the tenant ends the conduct or corrects the omission within seven days after receiving it (RTA s. 64(2)(c), 64(3)). Ontario e-Laws
  7. A second notice may be given for conduct more than seven days but less than six months after a first N5; termination date not earlier than the 14th day (RTA s. 68). Ontario e-Laws
  8. A second N5 cannot be voided and the landlord can apply immediately (current N5 form and instructions). Tribunals Ontario
  9. N6 for an illegal act or business in the unit or complex: 10 days for drug production, trafficking or possession for trafficking, 20 days otherwise (RTA s. 61). Ontario e-Laws
  10. N6 for knowing and material misrepresentation of income in a rent-geared-to-income unit: termination date not earlier than the 20th day (RTA s. 60). Ontario e-Laws
  11. N7 for wilful undue damage, or use inconsistent with residential use causing significantly greater damage: 10 days, no correction period (RTA s. 63). Ontario e-Laws
  12. N7 where the landlord lives in a building with not more than three residential units: 10 days, no correction period (RTA s. 65). Ontario e-Laws
  13. N7 where an act or omission in the residential complex seriously impairs the safety of any person: 10 days (RTA s. 66). Ontario e-Laws
  14. The N7 cannot be voided and has a shorter notice period than the N5 (LTB N5 instructions, Section A). Tribunals Ontario
  15. Days are counted excluding the day the notice is given; a notice given by mail is deemed given on the fifth day after mailing (RTA s. 191(3); LTB Rules 1.13; N5 instructions). Ontario e-Laws
  16. No application on a first N5 before the seven-day remedy period expires (RTA s. 70). Ontario e-Laws
  17. On other notices the landlord may apply immediately (RTA s. 71). Ontario e-Laws
  18. The L2 may not be made later than 30 days after the termination date in the notice (RTA s. 69(2)). Ontario e-Laws
  19. At the hearing the landlord has to prove the claims made in the notice and the application (N5 form, Important Information from the LTB). Tribunals Ontario
  20. The Board may refuse or postpone an eviction and must consider doing so before granting it (RTA s. 83(1), (2)). Ontario e-Laws
  21. A notice must set out the reasons and details respecting the termination (RTA s. 43(2)). Ontario e-Laws
  22. An incorrect termination date cannot be corrected after the notice is given and likely makes it invalid; details must let the tenant know the case to meet (Interpretation Guideline 10). Tribunals Ontario
  23. A first N5 for damage must state the cost to repair or replace; an N5 cannot be both voidable and non-voidable (N5 form checklist). Tribunals Ontario
  24. A second notice based only on the incidents in the first N5 will be found invalid (Interpretation Guideline 10). Tribunals Ontario
  25. On an N7 for wilful damage, if the landlord cannot prove the damage was wilful the application will be dismissed (N7 instructions, Section A). Tribunals Ontario
  26. The L2 must include the notice and Certificate of Service; for a second N5, also the first N5 and its Certificate of Service (L2 instructions, Section D). Tribunals Ontario
  27. The L2 can also claim compensation for undue damage (RTA s. 89; L2 form Part 3). Ontario e-Laws
  28. Evidence must be given to the other parties and the Board at least 7 days before the hearing (LTB Rules of Procedure, Rule 19.1). Tribunals Ontario

Every month of delay is another month of rent.

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