Form N5 Explained: Tenant Guide to Interference Eviction in Ontario

Receiving a Form N5 eviction notice can be stressful for any tenant in Ontario. This guide covers what Form N5 is, why a landlord may issue it, your rights under Ontario law, and practical steps you can take to resolve problems and avoid eviction where possible.

What is Form N5?

Form N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding is an official Ontario notice a landlord may use when they believe a tenant:

• Seriously disturbed other tenants or the landlord (including noise, harassment, or unsafe behaviour)
• Damaged the rental property or building
• Allowed too many people to live in the unit (overcrowding)

This form is issued under the Residential Tenancies Act, 2006 (RTA), which is the main law protecting tenant and landlord rights in Ontario.^[1]

Who Handles Tenancy Disputes in Ontario?

All residential tenancy issues, including eviction applications and Form N5 disputes, are overseen by the Landlord and Tenant Board of Ontario (LTB).^[2]

For an N5 to be legally valid, it must follow Tenant Rights in Ontario and the rules set out in the RTA.

When and How is Form N5 Used?

Landlords should only serve Form N5 for specific reasons, including serious interference with others, causing damage, or overcrowding. A practical example: if a tenant accidentally breaks a window but arranges for timely repairs, a landlord is less likely to issue this form. More serious or repeated conduct—such as constant loud parties or refusing to fix damages—could lead to a valid N5 notice.

The form must list details of the problem, how the tenant allegedly broke the rules, and the earliest possible eviction date. Download and see the official N5 Form here.

What to Do If You Receive Form N5

If your landlord gives you a Form N5, it does not mean immediate eviction. You have important rights and options. Here’s a summary of key steps:

• First-time N5 in 6 months? You have 7 days (if you live in the unit) or 14 days (if not) to fix the problem. This is called "remedying" the issue (e.g., clean up damage, stop disturbances).
• If you fix it within the allowed period, the N5 is usually cancelled and you stay in your home.
• If the same issue happens again in the next 6 months, the landlord can serve a second N5, and you do not get a second chance to fix it.
• Your landlord can only evict you with an LTB hearing decision. You have a right to attend and explain your side.

How to Respond: Your Rights and Next Steps

The N5 process offers tenants a chance to fix most issues before any eviction. Tenants should:

• Request specifics from your landlord if unclear (details, witnesses, times)
• Remedy the problem within 7 days (or 14 days for non-resident tenants)
• Gather evidence of your actions (receipts, photos, messages)
• Communicate in writing with your landlord about how you resolved the issue
• Attend any Landlord and Tenant Board hearing to present your case

Understanding your Obligations of Landlords and Tenants: Rights and Responsibilities Explained can help address disagreements early and avoid escalation.

Common Examples Leading to Form N5

• Persistent loud noise late at night
• Pet damage to floors, doors, or property
• Allowing more people than allowed by local by-law to live in the unit
• Unsafe or threatening behaviour to neighbours

Every circumstance is different. If you believe the notice is unfair or based on untrue information, keep records and consider legal help.

For more information on addressing issues in your rental, see Common Issues Tenants Face and How to Resolve Them.

What Happens After an N5 is Served?

After the initial period to fix the problem, your landlord may apply to the LTB for an eviction hearing. Tenants can present their side, provide documentation, and call witnesses. Only the Board can make a final eviction order. The Board will consider if you fixed the issue or if the claims are valid.

Resolving the issue promptly and respectfully improves your chance of staying. If you have to move, know your rights for a smooth transition and search for affordable homes for rent in Canada on Houseme.

Related Rights and Resources

• Never stop paying rent or block access for repairs in protest—learn more in the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips
• Want to learn about routine repairs and maintenance? See Routine Repairs in Rental Units: Tenant and Landlord Responsibilities

For a full overview of tenant-law protections, visit Tenant Rights in Ontario.

Frequently Asked Questions about Form N5

1. What should I do if I receive a Form N5?
   Review the notice and address the listed problems within 7 days (or 14 days for non-residents). Gather evidence showing you fixed the issue, and communicate clearly with your landlord.
2. Can I stop an eviction after getting an N5?
   Yes, for a first N5 in 6 months, you can stop the eviction by fixing the issue promptly. Attend any Landlord and Tenant Board hearing if your landlord applies for eviction.
3. Is an N5 an eviction order?
   No, an N5 is a notice. Only the LTB can order an eviction after a hearing.
4. What if I disagree with everything on the N5?
   Keep records, collect evidence, and raise your concerns at the Board hearing. You may want legal advice if the claims are untrue.
5. What happens if the issue happens again?
   If a similar issue occurs within 6 months, your landlord can issue a second N5 and possibly proceed to eviction more quickly.

Key Takeaways for Tenants

• Receiving a Form N5 gives you the right to fix the issue—act quickly.
• The LTB oversees all eviction decisions, not your landlord.
• Document everything and seek assistance if needed.

Understanding your rights and responsibilities helps protect your housing. Staying informed and communicating early can help resolve conflicts without escalation.

Need Help? Resources for Tenants

• Landlord and Tenant Board of Ontario – Resources and forms
• Ontario Tenants’ Rights Hotline: 416-921-9494 (Greater Toronto Area) or 1-888-991-9282 (province-wide)
• Community Legal Education Ontario (CLEO): Tenant Law Guides
• Legal Aid Ontario: 1-800-668-8258

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^[1] Refer to the Residential Tenancies Act, 2006 and Government of Ontario official sites.
^[2] Landlord and Tenant Board of Ontario: https://tribunalsontario.ca/ltb/

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