The N14 is the Landlord and Tenant Board notice a landlord in Ontario gives to the spouse of a tenant who moved out without notice, without an agreement to end the tenancy and while owing rent. It gives the spouse 15 days to choose: become the tenant by agreeing in writing to pay the arrears, or be treated as an unauthorized occupant. It is the only way to put a clock on the spouse's decision, and it must be given within 45 days of the tenant leaving.
At a glance
| Who uses it | A landlord whose tenant left without notice while in arrears, and whose spouse still lives in the unit |
| When | Within 45 days after the day you believe the tenant moved out |
| Notice period / deadline | The spouse has 15 days after receiving the N14 to respond in writing |
| How it is served or filed | Served on the spouse; not filed with the LTB |
| Filing fee (if an application) | No fee for the N14. The follow-on A2 costs $201 |
| Follow-on form | A2 Application about a Sublet or an Assignment (unauthorized occupant), or an N4 if the spouse becomes the tenant and does not pay |
What the N14 is for
When a tenant simply leaves, a spouse who stays behind can, by law, become the tenant. Section 3(2) of O. Reg. 516/06 says that if a tenant leaves without giving notice and without agreeing to end the tenancy, and the unit is the spouse's principal residence, the spouse is included in the definition of "tenant". Section 3(3) then lists when that does not happen. The N14 is the "form approved by the Board" in paragraph 4 of s. 3(3).
If the departed tenant was in arrears and you give the spouse an N14 within 45 days, the spouse does not become the tenant if, within 15 days of receiving it, they fail:
- to tell you they intend to stay; or
- to agree in writing to pay the arrears.
If the spouse does both, they become the tenant on the same tenancy agreement and at the same rent. The form says so expressly.
"Spouse" has the RTA meaning (s. 2(1)): a married partner, or a person living in a conjugal relationship who has cohabited for at least a year, is a parent of a child with the tenant, or has a cohabitation agreement with them.
When to use it (and when not to)
You can serve an N14 only if all of these are true (form, page 1):
- the tenant moved out without giving you a notice of termination, without receiving one from you, and without agreeing to move out;
- the tenant's spouse still lives in the unit; and
- the tenant owes you rent.
Do not use the N14:
- In a building with three or fewer units where you live. Under O. Reg. 516/06, s. 3(3)1, the spouse has no right to become the tenant unless you agree. The form says not to use the N14 in that case.
- If the tenant was not in arrears. Under s. 3(3)3, the spouse becomes the tenant unless they fail to tell you, before an order is issued on an application under RTA s. 100, that they intend to stay. The route is an A2.
- If more than 45 days have passed. The N14 can no longer start the 15-day clock (s. 3(3)5). The spouse can still become the tenant by telling you they want to stay and agreeing in writing to pay the arrears at any time before an order issues. Your route is an A2.
- If you are not sure the occupant is the spouse. The form says you may skip the N14 and file an A2. The LTB will hold a hearing.
- If the spouse leaves within 60 days of the tenant leaving. The spouse does not become a tenant (s. 3(3)2) and nothing more is needed.
- If the tenant gave notice or signed an agreement to end the tenancy. Section 3(2) does not apply. The remaining occupant's position depends on the facts, and the LTB has not published guidance on whether the route is an L3 or an A2. Get advice before choosing.
Deadlines and limitation periods
- 45 days: give the N14 within 45 days after the date the tenant vacated (O. Reg. 516/06, s. 3(3)4). The form measures from "the day you believe the tenant moved out". The LTB cannot extend this period (s. 56, para. 21).
- 15 days: the spouse has 15 days after receiving the notice to respond. If you mail it, it is deemed received on the fifth day after mailing (RTA s. 191(3)), so the 15 days start then. The LTB cannot extend this either.
- Counting: exclude the first day and include the last (Rule 1.13). A deadline that falls on a day the LTB is closed moves to the next open day (Rule 1.14).
- The A2: the A2 instructions say a landlord applying to evict an unauthorized occupant must apply no later than 60 days after finding out about the unauthorized occupant (RTA s. 100(2)). The LTB has not published guidance on when that 60-day period starts in an N14 case (when you learn the tenant has left, or when the spouse's 15 days end). To be safe, count from the earlier date and file promptly after the 15 days expire.
How to fill out the N14, section by section
The current form is version 01/04/2022. Page 1 is an LTB information sheet for the landlord. The notice and the spouse's response form follow it.
The notice (page 1 of the notice)
- To: (Tenant's name and address). Despite the label, this is where you name the spouse, the person receiving the notice, at the rental unit address. If you do not know the spouse's name, the form allows "Unknown".
- From: (Landlord's name and address). Your name and full mailing address.
- Address of the Rental Unit. The full address, including the unit number, municipality and postal code.
- "The tenant of the unit above, (insert name)". The name of the tenant who left.
- "owes me $ ___ in rent, to the period ending ___". The arrears of rent only, up to the end of a stated rental period (dd/mm/yyyy). Do not include damages, utilities, NSF fees or other charges. The spouse is agreeing to pay "rent that is lawfully owing", so base it on the lawful rent.
- "I believe that he/she moved out of the rental unit on or about ___". Your best date for the departure. Your 45 days run from here, so be honest and consistent with your records.
- "The current rent for the rental unit is $ ___ per ___". The lawful monthly, weekly or daily rent.
- "The next rental payment is due on ___". The next due date.
Leave the explanatory text ("If you want to stay in the rental unit…", "If you do not pay the rent owing…", "If you do not respond to me within 15 days…") exactly as printed.
Signature block
- Shade Landlord or Representative, print the name of the person signing and their phone number, then sign and date.
- A representative also completes the representative information. The current form still labels the licence number field "LSUC #".
Notice to Landlord and Agreement to Pay the Rent Owing (last page)
This is the spouse's reply form. Fill in only your name and the rental unit address, and leave the rest for the spouse. Serve it attached to the notice: the notice tells the spouse to sign it and return it within 15 days.
Serving it
Serve the spouse by a method in RTA s. 191 or Rule 3.1:
- hand it to the spouse or to an adult in the unit;
- leave it in the mailbox or where mail is delivered;
- slide it under the door;
- send it by courier or by mail; or
- email it, but only with the spouse's prior written consent.
Record the date and method. If you later file an A2, you will need to prove when the spouse received the N14, because that fixes the 15 days.
Keep any reply. If the spouse returns the signed agreement, the form tells them to keep a copy. Make one for yourself as well.
Mistakes that get it refused, voided or dismissed
- Serving more than 45 days after the tenant left. The 15-day clock never starts and the spouse keeps the right to become the tenant until an order issues (s. 3(3)5). An A2 that relies on a late N14 fails on that point.
- Using it when the tenant was not in arrears. The N14 conditions are not met. The spouse becomes the tenant unless they fail to tell you, before an order, that they intend to stay.
- Using it in a building of three or fewer units where you live. The spouse has no right to stay, so the N14 is the wrong tool and the form says not to use it.
- Using it after the tenant gave notice, received your notice or signed an N11. The precondition that the tenant left "without" any of these is missing.
- Overstating the arrears or adding non-rent charges. The spouse only has to agree to pay rent "lawfully owing". A wrong figure gives the spouse an argument that the notice was misleading, and it will not survive an N4/L1 later.
- Counting the 15 days from the mailing date. A mailed notice is deemed given on the fifth day after mailing. Filing an A2 before the spouse's time is actually up is premature.
- Refusing a spouse who signs and returns the agreement in time. They become the tenant on the existing agreement and rent. Demanding a new lease, a higher rent or a new deposit as a condition is not permitted by the form or the regulation.
- Treating the spouse as a trespasser. Changing the locks or removing belongings without an LTB order is not allowed. Removal requires an A2 order enforced by the Sheriff.
What happens next
- The spouse signs and returns the agreement within 15 days. They are now the tenant. If they do not pay the arrears, serve an N4 and, if needed, file an L1. The N14 warns them of exactly this.
- The spouse does not respond within 15 days and stays. File an A2 to evict an unauthorized occupant (Reason 1 on the A2: the tenancy was transferred without consent). You can also claim compensation for each day they remain, if they are still in possession when you file. The fee is $201. The LTB holds a hearing before any order issues.
- The spouse moves out. The tenancy ends. Any arrears are a claim against the former tenant, for example on an L10.
Frequently asked questions
What is the N14 used for?
It tells the spouse of a tenant who left owing rent that they have 15 days to become the tenant, by saying they want to stay and agreeing in writing to pay the arrears. If they do neither, the landlord can apply to evict them as an unauthorized occupant.
How long do I have to serve an N14?
Within 45 days after the day you believe the tenant moved out. After that, the N14 cannot start the 15-day deadline, and the spouse can become the tenant by agreeing before an order is issued.
Does the spouse have to sign a new lease?
No. A spouse who signs the agreement becomes the tenant under the existing tenancy agreement, and the rent does not change.
What if I do not know the spouse's name?
The form allows you to write "Unknown". If you are not sure the occupant is the spouse at all, you can skip the N14 and file an A2. The LTB will decide at a hearing.
Can I use the N14 in a duplex I live in?
No. If the building has three or fewer units and you live there, the spouse has no right to become the tenant unless you agree, and the form says not to use the N14.