Ontario Landlords: A Complete Guide to the N5 Notice for Disturbances, Damage, and Overcrowding (2025 Update)
Comprehensive guide for Ontario landlords on when to use an N5 Notice, the 7-day correction period, proper service, and how to pursue eviction through the LTB.
In Ontario, the N5 Notice ("Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding") is one of the most commonly used landlord notices under the Residential Tenancies Act, 2006 (RTA). It provides a formal way for landlords to address ongoing disturbances, substantial interference with other tenants, damage to the rental unit, or overcrowding that violates health and safety standards. [1]
Unlike an N4 (non-payment of rent), the N5 deals with behaviour and conditions that negatively impact the building, other tenants, or the landlord. The N5 process is technical, and errors in wording, dates, or service can cause the Landlord and Tenant Board (LTB) to dismiss an application — making proper preparation essential. [2]
What an N5 Notice Is
An N5 is a legal notice a landlord may serve when a tenant or their guests:
- Cause substantial interference with the reasonable enjoyment of other tenants or the landlord
- Cause damage to the rental unit or residential complex
- Create an overcrowding situation that violates health, safety, or municipal occupancy standards
These grounds are outlined in sections 64–67 of the Residential Tenancies Act (RTA) and form the basis for a landlord's right to pursue eviction through an L2 application if the issue is not resolved. [4]
The N5 is not an eviction order. It is the first step in the legal process and gives the tenant an opportunity to correct the issue if it's the first N5 served within the last six months.
Reasons a Landlord May Serve an N5
1. Substantial Interference with Reasonable Enjoyment
This includes behaviour that disrupts other tenants or the landlord, such as:
- Excessive noise
- Harassment, intimidation, or threats
- Obstructive behaviour
- Strong or persistent odours
- Unreasonable disruptions affecting health, safety, or peaceful enjoyment
2. Damage to the Rental Property
The N5 may be used when a tenant or their guests:
- Cause willful or negligent damage
- Alter the unit without permission
- Break fixtures, appliances, or building components
- Cause flooding, fire damage, or structural harm
The landlord is permitted to claim the cost of repairs at the LTB as part of an L2 application. [3]
3. Overcrowding Violating Health or Municipal Standards
Municipal occupancy bylaws and health regulations set limits on:
- Number of occupants per room
- Required square footage
- Fire and safety requirements
If a unit becomes overcrowded, or additional occupants move in without permission, an N5 may be issued. [4]
The 7-Day Correction Period (First N5 Only)
If this is the first N5 served within the past six months, the tenant has 7 days after receiving the notice to correct the problem. Examples include:
- Reducing noise
- Removing unauthorized occupants
- Paying for or repairing damage
- Stopping disruptive behaviour
If the tenant corrects the issue on time, the N5 becomes void and no further action can be taken on that notice. [4]
If the tenant does not correct the issue, the landlord may file an L2: Application to End a Tenancy and Evict a Tenant with the LTB after the termination date.
"If a second N5 is served within six months for the same or similar issue, the tenant does not get another correction period."
When a Second N5 Is Served Within Six Months
If a second N5 is served within a six-month window for the same or similar issue, the tenant does not get another correction period.
This means:
- The landlord may file the L2 application immediately after the termination date, without giving the tenant a chance to void the notice.
- The LTB may issue an eviction order more quickly if it finds the conduct recurring. [3]
Proper Service of the N5 Notice
Ontario law requires that the N5 be served in one of the methods allowed under section 191 of the RTA, such as:
- Hand delivery to the tenant
- Leaving it in the tenant's mailbox or mail slot
- Courier or registered mail
- Posting on the door only if permitted (LTB rules restrict this)
Incorrect service is one of the most common reasons LTB applications fail. Landlords must also complete a Certificate of Service to prove proper delivery. [5]
What Happens After Serving the N5
If the tenant fails to correct the issue or if it's a second N5:
- The landlord files Form L2 with the LTB.
- Evidence must be provided to support the allegations:
- Photos, videos, repair invoices
- Witness statements from other tenants
- Incident logs or communication records
- Municipal inspection notes (if applicable)
- The LTB sets a hearing date.
- A Member decides whether the eviction is justified based on the evidence and the RTA. [3]
The burden is on the landlord to prove the issue occurred, caused substantial interference or damage, and was not trivial or unavoidable.
When to Seek Assistance
Preparing an N5 Notice requires accuracy in:
- Describing the incident
- Stating dates and details
- Calculating the termination date
- Ensuring legal grounds match RTA requirements
- Serving the notice correctly
Landlords often seek professional help to avoid costly errors that can delay or invalidate the entire process.
Need help preparing an N5 or filing an L2?
We can prepare your N5 Notice, file your L2 application, assemble evidence, and represent you at the LTB.
Sources
This article is for informational purposes only and does not constitute legal advice.