In This Article
What Is the N5?
Form N5 — Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding — is the notice landlords use when a tenant, their guests, or another occupant has:
- Damaged the rental unit or residential complex
- Interfered with the reasonable enjoyment of other tenants or the landlord
- Overcrowded the rental unit in a way that violates health, safety, or housing standards
Unlike the N4 (non-payment), the N5 is a fault-based notice. The tenant is being given notice because of something they did — and the RTA gives them one opportunity to remedy the situation before the landlord can apply for eviction. This is the "void period" structure that defines how the N5 works.
Grounds for Serving an N5
| Ground | Examples |
|---|---|
| Property damage | Holes in walls, broken fixtures, appliance damage beyond normal wear, damage to common areas |
| Interference with reasonable enjoyment | Persistent loud noise disturbing other tenants, harassment of neighbours, blocking common areas |
| Interference with landlord's lawful rights | Refusing lawful entry after proper 24-hour notice, interfering with the landlord's ability to show the unit to prospective tenants |
| Overcrowding | Number of occupants violates local property standards or building code occupancy limits |
Normal wear and tear is not grounds for an N5. Minor scuffs, small nail holes, worn carpet in high-traffic areas — these are the expected results of normal occupancy and the landlord's responsibility to repair. The N5 is for damage that goes beyond what would reasonably result from ordinary use of the unit.
The First N5 — Void Period Rules
The first N5 you serve on a tenant has a void period. If the tenant remedies the situation within the void period, the N5 is void and cannot be used to file an L2 application. This gives tenants one chance to correct the problem before eviction proceedings can begin.
| Void Period | What "Remedying" Means |
|---|---|
| 7 days from service of the N5 | For damage: the tenant repairs the damage or pays the landlord the reasonable cost of repair. For interference: the behaviour stops and does not recur during the void period. |
The void period is 7 days from the date of service — not from the termination date. If you serve the N5 on June 1, the tenant has until June 8 to remedy the situation. If they do, you cannot file an L2 based on that N5.
If the tenant remedies the issue within 7 days, you cannot proceed to the LTB based on that N5. However, the N5 is not erased from history — it remains relevant if future problems arise (see second N5 below).
The Second N5 — No Void Period
If you serve a first N5 — whether or not the tenant voided it — and the same or similar behaviour occurs within six months, you can serve a second N5. The second N5 has no void period. The tenant has no opportunity to remedy the situation before you file an L2 application.
The second N5 is your most powerful tool for repeat problems. If a tenant repairs damage after a first N5 but causes similar damage again within six months, serve a second N5 immediately. You can file the L2 application the day after the second N5's termination date without waiting for a void period.
| N5 Type | Void Period | When Available |
|---|---|---|
| First N5 | 7 days — tenant can void by remedying the issue | First occurrence of damage/interference |
| Second N5 | None — no opportunity to remedy | Same or similar behaviour within 6 months of a prior N5 |
Notice Period and Termination Date
The N5 must give the tenant at least 20 days' notice. The termination date must fall on the last day of a rental period — for monthly tenants, that is the last day of the month.
Note that the 20-day notice period and the 7-day void period run simultaneously, not consecutively. The void period starts the day the N5 is served. The 20-day notice period determines the earliest termination date.
How to Serve the N5
Serve the N5 using an LTB-approved service method:
- Hand delivery to the tenant — deemed served same day
- Leaving in the mailbox or under the door — deemed served same day
- Regular mail — deemed served 5 days after mailing (add 5 days to your notice period calculations)
- Email — only if the tenant previously agreed in writing to receive notices by email
Document service carefully. Note the date, time, and method. Keep a copy of the N5. If the matter proceeds to an L2 hearing, the LTB Member will ask for proof that the N5 was properly served.
Evidence You Need
The N5 is only as strong as the evidence behind it. Before serving, gather:
- For damage claims: Photographs of the damage (dated), repair estimates or invoices, and — critically — your move-in inspection report showing the unit's prior condition. Without a move-in inspection report, the LTB may find it difficult to establish the damage was caused by the tenant.
- For interference/noise: Written complaints from other tenants (signed, dated), your own documented observations (date, time, what occurred), any police reports if noise complaints were filed, or correspondence with the complaining tenant.
- For overcrowding: Evidence of the number of actual occupants and the applicable property standards or building code occupancy limits.
Hearsay complaints alone are not enough. If a neighbouring tenant complains verbally and you serve an N5 without any documented evidence, the LTB may dismiss the L2 application. Get complaints in writing from the complaining tenants and document your own observations.
Filing the L2 Application
If the tenant does not void the first N5 within 7 days, or if you've served a second N5, you can file an L2 — Application to End a Tenancy and Evict a Tenant — with the LTB after the termination date passes.
The L2 covers multiple grounds: it's the same form used for N12 (personal use) and N5 (damage/interference) applications. When filing based on an N5, include:
- A copy of the N5 notice
- Proof of service for the N5
- All evidence supporting the damage or interference claim (photos, invoices, written complaints)
- Move-in inspection report if claiming damage
- If second N5: a copy of the first N5 as well
Illegal Acts — Different Rules
For situations where a tenant has committed an illegal act that involves violence or the possession, production, or trafficking of illegal substances at the rental unit, the RTA provides a different — faster — process. An N6 (Notice to End your Tenancy for Illegal Acts or Misrepresentation) can be served without a void period, and the notice period is only 10 days.
Serious illegal acts are not handled through the N5 process. If a tenant is dealing drugs from the unit, has committed violence against another occupant, or is engaged in illegal activity that endangers the safety of others, seek immediate legal advice about the N6 process or contacting law enforcement.
Free: The Complete N-Form Guide Pack
Full procedure guides for the N4, N5, N8, N11, N12, and N1 — plus a Quick Reference covering every Ontario landlord N-form. Service methods, notice periods, void periods, and the mistakes that get applications dismissed.
Download Free →N5 Checklist for Ontario Landlords
- Gather evidence before serving the N5 — photos, invoices, written complaints, move-in inspection report
- Use the official LTB N5 form
- Give at least 20 days' notice with the termination date on the last day of a rental period
- Serve using an LTB-approved method and document how and when it was served
- The void period is 7 days from service — track the date carefully
- If the tenant remedies within 7 days, you cannot file an L2 based on that N5
- If the same or similar behaviour recurs within 6 months, serve a second N5 — no void period applies
- File the L2 after the termination date with the N5, proof of service, and all supporting evidence
- For illegal acts involving violence or drugs, consider the N6 instead — different process
This article is for informational purposes only and does not constitute legal advice. Ontario tenancy law is regularly updated. Always consult a licensed paralegal or lawyer for your specific situation.