The N3 is the Landlord and Tenant Board form a landlord of a care home in Ontario, such as a retirement home, uses to increase a tenant's rent, the charges for care services and meals, or both. The two parts follow different rules. Rent is subject to the 12-month rule and the annual guideline (1.9% for 2027). Care and meal charges can rise at any time and by any amount. Both need at least 90 days' written notice.
At a glance
| Who uses it | Landlords of rent-controlled units in a care home |
| When | Before increasing rent and/or charges for care services or meals |
| Notice period / deadline | At least 90 days' written notice for each kind of increase |
| How it is served or filed | Served on the tenant (with a copy to a guardian or attorney if there is one); not filed |
| Filing fee (if an application) | None. A rent increase above the guideline needs an L5 |
| Follow-on form | None, unless you are relying on an L5 |
What the N3 is for
A "care home" is a residential complex occupied or intended to be occupied for the purpose of receiving care services, whether or not that is the main purpose (RTA s. 2(1)). "Care services" means health care, rehabilitative or therapeutic services, or assistance with the activities of daily living.
The N3 covers two increases.
Rent (RTA ss. 116, 119, 120).
- At least 90 days' written notice.
- At least 12 months since the last increase or since the tenant moved in.
- No more than the guideline unless an LTB order or an N10 allows more.
Ontario confirms that in care homes the guideline applies only to the rent portion, not to services such as nursing, food or cleaning (ontario.ca).
Care services and meals (RTA s. 150).
- At least 90 days' written notice on the approved form, stating the new charges.
- An increase without that notice is void, and a new notice is required.
- The N3 instructions confirm there is no 12-month waiting period and no limit on the amount.
A precondition applies to both. Under RTA s. 140, the landlord must give a new care home tenant the prescribed care home information package. Until that package has been given, the landlord cannot give a notice of rent increase or of increased care or meal charges.
When to use it (and when not to)
Use the N3 for a rent-controlled care home unit when raising the rent, the care or meal charges, or both.
Use something else when:
- The care home unit is exempt from rent increase limits (for example under RTA s. 7): use the N2 for the rent. The N3 instructions add that you do not have to give a notice to increase care and meal charges for such a unit.
- The tenant agrees to a new care service or meal, or a higher level of service. The N3 instructions say no notice and no 90-day wait are needed. An example is therapy going from 5 to 10 hours a week.
- You and the tenant agree to an above-guideline rent increase for capital work or a new service: use the N10.
Deadlines and limitation periods
- 90 days for each increase. Do not count the day of service, and add five days if mailed (RTA s. 191(3)). The LTB cannot shorten the 90 days or the 12-month period (O. Reg. 516/06, s. 56).
- 12 months between rent increases, but not between care or meal charge increases.
- Tenant's exit: a care home tenant can end the tenancy at any time on 30 days' notice. After giving it, they can require the landlord to stop care services and meals on 10 days' notice (RTA s. 145).
How to fill out the N3, section by section
The current N3 is version 01/04/2022, two pages.
- To: (Tenant's name and address). All tenants. The instructions say to add a separate mailing address if a tenant's differs from the unit.
- From: (Landlord's name and address). All landlords, with a mailing address.
- Address of the Rental Unit. The full address, including the unit number and postal code.
- Your New Rent and Charges, "On dd/mm/yyyy". The effective date, at least 90 days out (and at least 12 months after the last rent increase if the rent is changing).
- "Your rent will increase to $ … per month/week/other". The new rent only, with no care or meal charges.
- Check one. "This new rent does not need approval", or "This new rent needs approval by an order under the Residential Tenancies Act, 2006". Use the second if the increase is above the guideline and depends on an L5 order. The 2015 instructions describe extra boxes (approved versus applied for) that the current form does not have, so check one of the two boxes on the form.
- "Your charges for care services and/or meals will increase to $ … per …". The new care and meal charges only, with no rent.
- Total. "On the date of the increase, the total amount you should pay for your rent and care services and meals is $ …". Add the two figures. For example: new rent $2,038.00 (current $2,000.00 plus the 1.9% guideline increase of $38.00) plus new care and meal charges of $1,600.00 gives a total of $3,638.00 per month.
- Important Information About the Law (pages 1–2). Leave as printed.
- Signature. Shade Landlord or Representative, print the name and phone number, sign and date. A representative also completes the representative block.
Serving it
Use a method from the N3 instructions:
- hand it to the tenant or an adult in the unit;
- leave it in the mailbox or where mail is delivered;
- slide it under the door or through the mail slot;
- send it by courier or mail; or
- fax it.
Rule 3.1 also allows email with the tenant's written consent. Do not post it on the door. If the tenant has a guardian or a substitute decision-maker with a power of attorney, the instructions say you should also give them a copy.
Mistakes that get it refused, voided or dismissed
- Serving before the care home information package was given. Section 140(2) forbids the notice, so the increase has no valid notice behind it.
- Less than 90 days' notice for either the rent or the charges. Under ss. 116(4) and 150(3) the increase is void, and a new notice is required.
- Mixing rent and care charges. Putting care costs in the rent line, or rent in the charges line, can make a care-charge increase look like an above-guideline rent increase, and can let a rent increase dodge the 12-month rule. Keep them in their separate lines.
- Applying the 12-month rule or the guideline to care and meal charges, or failing to apply them to the rent. Each has its own rules.
- Not copying the guardian or attorney. The instructions recommend it. Leaving them out invites a dispute about whether the notice reached someone able to act on it.
- Posting it on the door, or emailing without written consent. The service is defective unless you can prove the notice reached the tenant in time (s. 191(2)).
What happens next
Nothing is filed. The new amounts apply from the effective date. If the rent increase depends on an L5 order that has not issued yet, the tenant may pay only the guideline increase until it does, and may owe the difference afterwards (form, item 3).
Frequently asked questions
Does the rent increase guideline apply to retirement homes?
It applies to the rent portion of a care home tenant's bill, for 2027 at 1.9%. It does not apply to charges for care services and meals.
How often can a care home raise meal or care charges?
There is no 12-month rule for care and meal charges. Each increase still needs at least 90 days' written notice on the N3, unless the unit is exempt.
Do I need an N3 to add a new service the tenant asked for?
No. According to the N3 instructions, if the tenant agrees to a new care service or meal, or a higher level of service, no notice or 90-day wait is needed before charging for it.
Can a care home tenant leave without 60 days' notice?
Yes. A care home tenant can end the tenancy on 30 days' notice (RTA s. 145).