The LTB N5 form is for Ontario landlords to address problems like property damage or tenant disturbances. This guide will explain when to use the N5 form LTB and how to complete it.
Understanding the N5 Form
The N5 form is a legal instrument used under Ontario’s Residential Tenancies Act to address significant tenant issues such as property damage, interference with reasonable enjoyment, and overcrowding. This form serves a dual purpose: it acts as a warning to tenants about their disruptive behaviour and sets the stage for potential eviction if the issues are unresolved.
Landlords, property managers, and anyone involved in rental agreements need to be familiar with the N5 form. The N5 notice gives tenants a chance to correct their behaviour before facing more severe actions, offering a dispute resolution.
When to Use the N5 Notice
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 reasonable enjoyment of the residential complex, or interfered with another lawful right, privilege or interest of the landlord or other tenants.
- 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.
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.
- If you are giving this notice for Reason 2 and you believe you can prove the damage was caused wilfully (in other words, the person caused the damage deliberately), you can give the tenant a Form N7 Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex.
If you are unsure whether you can prove to the LTB that the damage was done wilfully, you should use the Form N5.
Reason 3: The number of people living in the rental unit is more than permitted by health, safety or property standards.
How to Properly Complete the N5 Form
Begin by including the tenant’s name, landlord’s name, and address of the rental unit. The N5 notice must specify the grounds for the notice, such as interference, property damage, or overcrowding, with a clear description of the issues.
Termination Date
The earliest date you can put in this field depends on whether this is the first or second Form N5 served to the tenant in the past 6 months.
- If this is the tenant’s first N5 Notice in the past 6 months, the termination date must be at least 20 days after you give the tenant this notice.
- If this is the tenant’s second N5 Notice in the past 6 months, the termination date must be at least 14 days after you give the tenant this notice.
Reason(s) for Ending Tenancy
Shade the box(es) next to my reason(s) for ending your tenancy.
- If this is the first N5 notice within the last 6 months, landlords must also fill out how the violation can be corrected.
- If this is the second form N5 Notice in the past 6 months, the tenant cannot void this notice, and LTB can be applied to terminate the tenancy and evict the tenant as soon as the notice is given.
Contact Information
Populate the contact information, sign and date at the bottom.
Serving the N5 Notice to the Tenant
The following are ways that you can give this notice to the tenant:
- 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.
What Happens After Serving the N5 Notice?
After serving the N5 notice, tenants have a 7-day period to rectify the issues outlined. Landlords should monitor whether tenants correct the problems within this time. If the issues are resolved, the notice is voided, and the tenancy continues.
If the tenant fails to address the issues, the landlord can proceed with eviction proceedings. This typically involves serving a second N5 notice on the eighth day and filing an L2 application with the landlord tenant board. The LTB may then issue an eviction order if they rule in favour of the landlord.
Frequently Asked Questions
What is the N5 notice used for?
The N5 notice is utilized to address serious tenant issues, including property damage, interference with reasonable enjoyment, and overcrowding. It serves as a formal warning to ensure compliance with tenancy obligations.
How long do tenants have to rectify issues after receiving an N5 notice?
Tenants have a 7-day period to rectify the issues specified in the N5 notice to prevent eviction.
What should landlords do if tenants do not rectify the issues within the 7-day period?
Landlords should serve a second N5 notice on the eighth day if tenants fail to rectify the issues and subsequently file an L2 application with the Landlord and Tenant Board. This ensures proper legal procedures are followed to address the situation.
How should the N5 notice be served to tenants?
The N5 notice should be served to tenants either by hand, through mail, or via a courier service, while ensuring documentation of the service method. Posting it on the door is not permitted.
What are the common challenges faced when using the N5 form?
Common challenges when using the N5 form include errors that can result in delays or dismissal, as well as the failure to serve required documents and not adhering to procedural guidelines. To mitigate these issues, it is essential to ensure accuracy and compliance with all requirements.
Summary
In conclusion, this guide has covered everything from the basics of the N5 notice. With the right knowledge and resources, landlords can manage their rental properties more efficiently, and tenants can understand their rights and obligations. By following the steps outlined in this guide, both parties can ensure a smooth and fair resolution to any conflicts that arise.
If you have any questions, contact a real estate lawyer.
The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
