N5 notice in Ontario: ending a tenancy for interference, damage or overcrowding

General information, not legal advice. The Residential Tenancies Act, 2006 and the official Landlord and Tenant Board (LTB) forms and instructions are the authority. Check the current form for the notice period and filing rules before you serve it. If the situation is serious or unusual, talk to a lawyer or licensed paralegal.

Key points

• Use the N5 only for interference with others, undue damage, or overcrowding. Rent arrears go under N4; your own family moving in goes under N12.
• The conduct must be serious or repeated. A single noisy night or a minor dispute is rarely enough.
• Build a dated record first: incidents, photos, repair invoices, written warnings, and any complaints from neighbours.
• Start with a first notice (at least 20 days). If the conduct happens again, you may give a second notice (14 days). Keep a proof of service.
• If the tenant does not leave, file an L2 with the LTB. Do not change the locks, cut services or remove belongings.

Which notice fits?

What counts as serious

The LTB asks whether the conduct substantially interferes with the lawful rights of other occupants or the landlord, causes or is likely to cause damage, or breaches the overcrowding rules. Examples that often come up:

• threats, harassment or violence toward neighbours or your staff,
• repeated noise or disturbance late at night, after written warnings,
• damage well beyond normal wear and tear, such as broken doors, holes in walls or deliberate flooding,
• more occupants than the unit can lawfully house, or a sub-tenant the landlord never approved.

Ordinary wear and tear, a single bad night, or a complaint you have not verified is not enough. The more specific and dated your record, the stronger your case.

Build your evidence before you serve

1. Log each incident with the date, time, what happened, who was involved and who saw it.
2. Keep the complaints. Save emails, texts and letters from neighbours, with their dates. Ask them to put complaints in writing.
3. Send a written warning. Tell the tenant what the problem is, what you expect, and by when. Keep a copy and proof of delivery. A warning is not legally required, but without one the LTB may find the conduct was not serious enough.
4. Photograph damage with dates, and keep the repair invoices and receipts.
5. Keep police and bylaw file numbers if they were involved, and any insurer claim records.

Serving the N5: first and second notices

The N5 works in two steps. A first notice gives the tenant at least 20 days to stop. If the same conduct happens more than 7 days but less than 6 months after the first notice, you may give a second notice, which gives 14 days. Check the current LTB instructions for the exact counting rules.

• Interference: describe the conduct and dates.
• Damage: describe the damage and how it was caused. A first notice must state the repair or replacement cost.
• Overcrowding: a first notice must state the maximum occupancy allowed by law or by-law.

A tenant who fixes the problem within 7 days of a first notice can void it. A second notice cannot be voided that way.

Complete the current N5 form from the LTB and describe the conduct in plain facts, with dates. Avoid general statements such as "always noisy". Give the notice in a way the Act allows: hand delivery, or by mail, courier or in other ways the form describes. Add the extra days the form requires for mail or courier. Keep a copy of the notice and a signed proof of service.

Do not give the N5 in retaliation for a repair request, a complaint to a government agency, or a human rights complaint. The LTB can find that a notice given for a retaliatory reason is not valid.

If the tenant does not move out

1. File Form L2 with the LTB once you can: 7 days after a first notice, or immediately after a second notice. Use the Tribunals Ontario Portal if possible. Check the current L2 instructions for the filing deadline and fee, because they change.
2. Attach your evidence: the N5, proof of service, your incident log, photos, warnings and any complaints.
3. Attend the hearing. The tenant can respond and may dispute the facts or ask for time. The LTB decides whether to grant an eviction order.
4. Enforce only through the Sheriff. After an order is issued, only the Court Enforcement Office (Sheriff) can carry out the eviction.

What not to do

• Do not change the locks or stop the tenant entering the unit without an LTB order.
• Do not cut utilities or other vital services.
• Do not remove or keep the tenant's belongings.
• Do not threaten or pressure the tenant to leave. Self-help is an offence under the Act, with fines of up to $100,000 for an individual.
• Do not use an N5 for a minor issue to pressure a tenant into paying more rent or moving out early.

Questions frequently asked

What is an N5 notice in Ontario?

It is the LTB form for ending a tenancy because the tenant, or someone they let in, seriously interferes with others, causes undue damage, or overcrowds the unit. It does not cover unpaid rent or your own family moving in.

Is a noisy tenant enough for an N5?

Usually not on its own. The LTB looks for serious or repeated conduct, and dated records and written warnings make the case far stronger.

Do I have to file an L2 after serving an N5?

Yes, if the tenant does not leave. Only the LTB can order an eviction, and only the Sheriff can carry it out.

Is an N5 the same as an N6?

No. The N6 is for illegal acts or income misrepresentation in a rent-geared-to-income unit. The N5 is for interference, damage and overcrowding. Check the current LTB form for the right one.

Related guides

• N4 notice in Ontario: non-payment of rent
• N12 notice in Ontario: own-use eviction
• Landlord record keeping in Canada
• Rent arrears LTB evidence checklist

Sources

• LTB forms, filing and fees
• Residential Tenancies Act, 2006 (Ontario)

Last checked: 2026-11-02, against the current N5 form and LTB instructions. Confirm the L2 filing deadline in the current L2 instructions before use.