The N5 is the notice an Ontario landlord gives when a tenant, an occupant or the tenant's guest substantially interferes with others, wilfully or negligently damages the unit or building, or when too many people are living in the unit. A first N5 gives the tenant 7 days to fix the problem and cancel the notice; a second N5 within six months cannot be cancelled. It is the first step before an L2 application to evict.
At a glance
| Who uses it | A landlord dealing with interference, undue damage or overcrowding by the tenant, an occupant or a guest |
| When | After the conduct, damage or overcrowding happens |
| Notice period / deadline | First N5: termination date at least 20 days out, and the tenant has 7 days to correct. Second N5: at least 14 days, not voidable. Add days for mail or courier |
| How it is served | Given to each tenant by an approved method; never posted on the door |
| Filing fee | None for the notice. The L2 costs $201, or $186 on the Tribunals Ontario Portal |
| Follow-on form | L2, filed after the 7-day correction period (first N5) or right away (second N5), and no later than 30 days after the termination date |
What the N5 is for
One form covers three separate grounds in the Residential Tenancies Act, 2006 (RTA):
- Reason 1, substantial interference (s. 64): conduct by the tenant, an occupant or someone the tenant let in that substantially interferes with the reasonable enjoyment of the complex, or another lawful right, privilege or interest, of the landlord or another tenant.
- Reason 2, undue damage (s. 62): the tenant, an occupant or someone the tenant let in wilfully or negligently caused undue damage to the unit or complex.
- Reason 3, overcrowding (s. 67): the number of people living in the unit on a continuing basis breaches health, safety or housing standards required by law.
Each ground needs a termination date at least 20 days away and must require the tenant, within 7 days, to stop the conduct, repair or pay for the damage, or reduce the number of occupants. If the tenant does so within 7 days after receiving the notice, or for damage makes arrangements satisfactory to you, the notice is void (ss. 62(3), 64(3), 67(3)). Section 68 then allows a second, non-voidable notice with a 14-day termination date for new grounds arising more than 7 days but less than 6 months after the first.
When to use it (and when not to)
Use an N5 for problems the tenant can stop or fix: late-night noise, harassing other tenants or the landlord's staff, clutter that causes pests or odours, negligent damage, or more occupants than the municipal by-law allows. (Guideline 10 discusses LTB decisions on each of the first three.)
Consider a different notice when:
- You live in the building and it has three or fewer residential units. For interference with your own enjoyment, the N7 gives 10 days' notice and cannot be voided (RTA s. 65).
- The damage was deliberate and you can prove it, or someone's safety was seriously impaired: these are N7 grounds. If you doubt you can prove intent, the LTB's instructions say to use the N5.
- The problem is an illegal act or a rent-geared-to-income income misrepresentation. That is an N6.
- You only want money for the damage or expenses. You can claim compensation on an L2 without serving any notice of termination (Guideline 10).
Deadlines and limitation periods
First N5
- Termination date: at least 20 days after you give the notice (ss. 62(2), 64(2), 67(2)).
- Correction period: the tenant has 7 days after receiving the notice to stop, correct or pay.
- Earliest L2 filing: after the 7-day correction period ends without compliance (RTA s. 70). The instructions describe this as the 8th day after giving the notice.
- Latest L2 filing: 30 days after the termination date (s. 69(2)). If you have not filed by then, the notice becomes void (s. 46(1)).
Example. Handed to the tenant on November 15, the earliest termination date is December 5; the correction period runs November 16 to 22, so the L2 can be filed from November 23 until January 4. Mailed on November 15, it is deemed given November 20 (RTA s. 191(3)), so the earliest termination date is December 10.
Second N5
- When you can give it: only after a valid first notice under s. 62, 64 or 67, and only for an activity, conduct or situation that occurs more than 7 days but less than 6 months after the first notice was given (s. 68(1)).
- Termination date: at least 14 days after you give it (s. 68(2)).
- Earliest L2 filing: immediately after giving it (s. 71). The tenant cannot void it.
- Latest L2 filing: 30 days after the termination date (s. 69(2)).
Counting days
Exclude the day the notice is given and include the termination date (Rule 1.13). Add 5 days for mail (s. 191(3)); a couriered notice is deemed given the day after it went to the courier, or the next business day if that day is a Saturday, Sunday or holiday (Rule 3.9; Rule 1.1 defines "holiday" to include weekends). The LTB cannot shorten or extend a notice period (Guideline 10).
How to fill out the N5, section by section
Download a fresh copy from the LTB forms page and read the official instructions. The first pages are a landlord checklist; remove them before serving.
To, From and Address of Rental Unit
Name every tenant in possession (plus any subtenant or assignee, but not children or guests), every landlord, and the full unit address: street number and name, unit/apt./suite (or "Basement"), municipality and postal code.
Termination date
A specific date (dd/mm/yyyy), at least 20 days out for a first N5 or 14 days for a second N5, plus any mail or courier days.
My Reason(s) for Ending your Tenancy
Check the box beside each reason that applies. Under each reason you check, you must also check one of two options:
- the voidable option ("You have 7 days to stop the activities or correct the behaviour… and avoid eviction"), for a first N5; or
- the non-voidable option ("I can apply to the LTB immediately… This is your second N5 Notice… in the past 6 months"), for a second N5.
The form's checklist is explicit: an N5 "cannot be both voidable and non-voidable at the same time, even for different reasons."
On a first N5, Reason 2 needs your dollar estimate to repair (or, if repair is not reasonable, to replace) the damaged property, and Reason 3 needs the number of occupants the tenant must reduce to: the maximum allowed by the applicable law or by-law.
Details About the Reasons for this Notice
This table (Date/Time, Details of the Events) is required on every N5. Say who did it (tenant, occupant or guest), the date and time of each event (for damage, when it was discovered if the date is unknown), what happened and who was affected. For damage, describe it and how it was caused wilfully or negligently. For overcrowding, give the number of people you believe live there and name the law or by-law. On a first N5, state exactly what the tenant must do to void the notice. Attach extra pages if needed and serve them with the notice.
Signature and Representative Information
Check Landlord or Representative, enter name and phone number, sign and date. A representative also completes name, LSO number (if applicable), company, mailing address, email and phone.
Serving it
The N5 instructions allow hand delivery to the tenant or an adult in the unit, leaving it in the mailbox or where mail is delivered, sliding it under the door or through a mail slot, fax, courier, or mail or Xpresspost. Email is allowed only if the tenant has consented in writing (Rule 3.1). Posting it on the door is not allowed.
Serve every tenant, keep a copy, and have the server complete a Certificate of Service. Upload both with the L2, or within 5 calendar days of filing (Rules 4.4 and 4.5).
Mistakes that get it refused, voided or dismissed
A defective notice cannot be amended after it is served (Guideline 10). Section 212 of the RTA can save a minor error that does not significantly prejudice the tenant, but the LTB has refused to apply it where an N5 gave the wrong reason (Guideline 10, citing Royal Bank of Canada v Scott, 2025 ONLTB 83472).
- Not marking the notice first or second, or marking both. Each reason needs one option checked, and the whole notice must be either voidable or non-voidable.
- Calling it a second N5 when it is not. It needs a valid earlier notice under s. 62, 64 or 67 and new conduct more than 7 days and less than 6 months after that notice was given. Conduct inside the first notice's 7-day window, or the same incidents listed in the first N5, cannot ground a second notice (Guideline 10).
- A termination date that is too short. Twenty days for a first N5, 14 for a second, plus 5 days for mail or a business day for courier. One day short is fatal.
- Vague details. "Tenant is noisy" does not tell the tenant the case to meet or what to fix. A voidable N5 must give enough detail for the tenant to decide whether to stop within 7 days (Guideline 10, citing Ball v Metro Capital Property).
- A first N5 missing the repair estimate (damage) or the by-law maximum (overcrowding). The statute requires the notice to say what the tenant must do (ss. 62(2)(c), 67(2)(c)), and the form says you must state these.
- Serving a voidable N5 and a non-voidable notice (such as an N7) for the same conduct. The LTB has found that telling a tenant both that they can fix the problem and that you can apply regardless is confusing, and has dismissed applications on all the notices (Guideline 10).
- Filing during the 7-day correction period. Section 70 prohibits it.
- Filing more than 30 days after the termination date. The application must be dismissed (s. 69(2)), and the notice is void (s. 46(1)).
- The tenant voided it. If the tenant stopped the conduct, repaired, paid or reduced occupants within 7 days, the notice is void for that issue. Where several issues are listed, you can proceed on any issue that was not corrected, but the hearing is limited to it (Guideline 10).
- Missing tenants, an incomplete address, bad service or no signature.
- Using an old version. The N5 was updated on September 21, 2026, and previous versions will no longer be accepted as of November 30, 2026.
What happens next
If the tenant corrects the problem within 7 days (first N5 only), the notice is void, but new problems in the following window can support a second N5.
If the tenant does not correct it, or this was a second N5, file an L2 on the Tribunals Ontario Portal with the N5 and Certificate of Service, within 30 days after the termination date. The fee is $201, or $186 through the Portal.
If you want both eviction and repair costs, claim both on the L2 and explain your calculation (Guideline 10).
At the hearing you must prove the grounds, and the LTB must consider whether to refuse or delay eviction (RTA s. 83). Unless you consent, a delay now requires both that it would not be unfair to you or other tenants and that there are compelling grounds (O. Reg. 516/06, s. 8.4). A request to review an order issued on or after July 1, 2026 must be made within 15 days.
Recent changes
- September 21, 2026: updated N5 form (previous versions not accepted as of November 30, 2026), and a stricter test for delaying an eviction when the landlord does not consent.
- July 1, 2026: the deadline to request review of an LTB order dropped from 30 days to 15 for orders issued on or after that date.
The N5 notice periods (20 days, 14 days) and the 7-day correction period did not change.
Frequently asked questions
What is the difference between a first and second N5?
A first N5 gives 20 days' notice and lets the tenant cancel it by fixing the problem within 7 days. A second N5, for new conduct more than 7 days but less than 6 months after the first, needs 14 days, cannot be cancelled, and lets you file the L2 right away.
Can the tenant void the N5 by paying for the damage?
Yes, on a first N5. Within 7 days the tenant can repair or replace the damaged property, pay your estimate, or make arrangements satisfactory to you (RTA s. 62(3)).
Do I need to wait for the tenant to void the first N5 before serving a second one?
No. Guideline 10 says you can give a second notice whether or not the tenant voided the first, as long as the new conduct happened more than 7 days and less than 6 months after the first N5 was given.
Should I use an N5 or an N7?
Use an N7 only if one of its 10-day grounds clearly fits, such as deliberate damage you can prove. If you doubt you can prove intent, the LTB recommends the N5. Avoid serving both for the same conduct.
Official sources
- N5 form (PDF)
- N5 Instructions
- Residential Tenancies Act, 2006, ss. 43, 46, 62, 64, 65, 67, 68, 69, 70, 71, 83, 191, 212
- O. Reg. 516/06, s. 8.4
- Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
- LTB Rules of Procedure
- LTB Operational Update, September 21, 2026
- Certificate of Service (PDF)
- LTB Forms, filing and fees