N5 notice in Ontario: interference, damage and overcrowding
Your tenant's guests are keeping the rest of the building up at night. Or a door, a counter or a window in the unit has been broken. Or more people seem to be living there than the unit is allowed to hold. You want it to stop, and you want to know what the law lets you do about it. In Ontario, the usual starting point is the N5 notice.
The short version: a first N5 gives the tenant at least 20 days' notice and seven days to fix the problem, and fixing it cancels the notice. A second N5 within six months is shorter and cannot be cancelled. Either way, the N5 starts a process at the Landlord and Tenant Board (LTB). It does not end a tenancy by itself. Here is how each step works, based on the LTB's N5 instructions, updated September 21, 2026.
What the N5 notice and form are for
The N5 form is the LTB's Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding. You can give it for any of three reasons:
- Interference: the tenant, the tenant's guest or another occupant of the unit substantially interfered with another tenant's or your reasonable enjoyment of the residential complex, or with another lawful right, privilege or interest of yours or of other tenants.
- Damage: the tenant, a guest or another occupant wilfully or negligently damaged the rental unit or the residential complex.
- Overcrowding: the number of people living in the unit is more than health, safety or property standards permit.
Notice that the conduct does not have to be the tenant's own. A guest or another occupant counts. That matters when the person causing the trouble is not the one who signed the lease.
Rent arrears are a different problem with a different notice. If the issue is unpaid rent, the notice is the N4, the LTB's Notice to End a Tenancy Early for Non-payment of Rent. You do not need an N5 first.
The first N5: 20 days' notice and 7 days to correct
If this is the first N5 you have given the tenant in the past six months, the termination date must be at least 20 days after you give the notice.
The tenant then has seven days to void the notice. What counts as correcting the problem depends on the reason:
- Interference: stop the activities or correct the behaviour you describe in the notice.
- Damage: repair the damaged property, pay you the estimated cost to repair it, replace it if repair is not reasonable, or pay you the estimated cost to replace it.
- Overcrowding: reduce the number of people living in the unit to the number you state in the notice.
If the tenant corrects the problem within seven days, the notice is void and you cannot apply to the LTB to evict on it. If they do not, you can apply to the LTB starting on the 8th day after you gave the notice. You do not have to wait for the termination date.
Because the tenant needs to know exactly what will void the notice, a first N5 must say clearly what the tenant has to do. For damage, that means filling in the amount it will cost you to repair the property or, if repair is not reasonable, to replace it.
The second N5 within six months
The second notice is where the N5 changes character. If you give the tenant a second N5 within six months, and the first N5 gave them seven days to correct the problem, then:
- the termination date must be at least 14 days after you give the notice;
- the tenant cannot void it; and
- you can apply to the LTB as soon as you have given the notice.
This is why the first N5 deserves care even when the problem looks small. A properly prepared first notice is what makes the second one possible.
| First N5 in six months | Second N5 in six months | |
|---|---|---|
| Minimum notice to the termination date | 20 days | 14 days |
| Can the tenant void it? | Yes, by correcting the problem within 7 days | No |
| Earliest date you can apply to the LTB | The 8th day after giving the notice, if the problem is not corrected | As soon as the notice is given |
| Latest date to apply on the L2 | 30 days after the termination date | 30 days after the termination date |
Counting the days and giving the notice
When you count, do not include the day you give the notice. If you fax it, the notice is deemed given on the date imprinted on the fax. If you send it by courier, add one business day. If you mail it, add five days.
The LTB's own example: on a first N5 handed to the tenant in person on November 15, the termination date can be December 5. Mailed on November 15, it moves to December 10.
You can give the notice by:
- handing it to the tenant or to an adult in the unit;
- leaving it in the tenant's mailbox or where mail is ordinarily delivered;
- placing it under the door or through a mail slot in the door;
- faxing it to the tenant's home fax or a fax where they carry on business; or
- sending it by courier, mail or Xpresspost.
You cannot post it on the door of the unit. Keep a copy of the notice you give.
Filling in the N5 form's details section
Every N5, first or second, needs the details section on page 2 completed. The instructions ask you to be as specific as possible: whether it was the tenant, another occupant or a guest, the dates and times, what happened and who was affected. Attach an extra sheet if you need room.
For overcrowding, add the name of the law or by-law that sets the maximum number of occupants, and that maximum. The LTB suggests contacting the municipality to find out whether there is a by-law and what number it allows.
Describe what happened, not what you think of the tenant. Dates, times and facts carry weight. Adjectives do not.
A hypothetical: a broken door
This example is hypothetical. A landlord learns that a tenant's guest damaged the unit's entry door. It is the first N5 this tenant has received. The landlord gets a repair estimate, puts that amount in the notice, describes the date and what happened, and hands the notice to the tenant.
If, within seven days, the tenant repairs the door or pays the estimated cost, the notice is void and the matter goes no further at the LTB. If the tenant fixes it and a new problem arises within six months, a second N5 is available, and that one the tenant cannot void. If neither repair nor payment happens, the landlord can file from the 8th day.
When the N7 may fit better
The N5 is not the only notice for conduct or damage. The instructions point to the N7, the Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex, in two situations: for interference, where you live in the same building and it has three or fewer residential units, and where you believe you can prove damage was caused deliberately. The N7 cannot be voided and has a shorter notice period. If you are unsure whether you can prove the damage was wilful, the instructions say to use the N5. For common errors across these notices, read our article on common mistakes with N5, N7 and N8 applications.
Applying to the LTB on the L2
If the tenant does not void a first N5, or you have given a second one, you can apply for an eviction order using the L2, the Application to End a Tenancy and Evict a Tenant or Collect Money. File it with a copy of the N5 you gave and a Certificate of Service, which tells the LTB when and how you gave the notice.
You must apply no later than 30 days after the termination date in the notice. Put that date in your calendar the day you serve.
One more date to note. The LTB updated the N5 and L2 forms on September 21, 2026, and its operational update says previous versions will no longer be accepted as of November 30, 2026. Download the current form rather than reusing an old saved copy.
N5 checklist before you serve
- Your reason fits one of the three: interference, damage, or overcrowding beyond health, safety or property standards.
- You know whether this is the first or second N5 in the past six months, and marked the matching circle.
- You have a written record of each incident: date, time, who was involved, what happened and who was affected.
- For damage, you have an estimate of the repair or replacement cost to put in the notice, plus photos.
- For overcrowding, you have the name of the law or by-law and the maximum number it allows.
- On a first N5, the notice says clearly what the tenant must do to void it.
- The termination date is at least 20 days away (14 on a second N5), counted correctly for your delivery method.
- You are using a permitted delivery method, not taping it to the door, and you keep a copy.
- You are using the current version of the form.
- Your calendar shows the 7-day correction window and the L2 deadline: 30 days after the termination date.
If the matter reaches a hearing, those records become your evidence. Our LTB hearing evidence file checklist covers how to organize them. For how we handle these notices, see our N5 notice service.
If a tenant's conduct or damage has you weighing an N5 and you want the notice and timing right before you serve it, we can discuss your file. Contact us through our contact page.
Frequently asked questions
Do I have to name the guest who caused the problem?
Not in the To section. The instructions say to name every tenant, plus any subtenant or assignee, but you do not need to name other occupants such as children or guests there. In the details section, though, say whether it was the tenant, another occupant or a guest who caused the problem.
This article is general information about LTB procedure for Ontario landlords and is not legal advice about your matter.