The N5 Notice in Ontario: Interference, Damage and Overcrowding, Explained for Both Sides

An N5 is an Ontario landlord's written warning that a tenancy may end because of one of three problems: a tenant (or an occupant or guest) is seriously disturbing others, the unit or building has been damaged wilfully or through carelessness, or more people live in the unit than the law allows. For tenants, a first N5 is a chance to fix things: correct the problem within 7 days and the notice is cancelled. For landlords, it's the first step toward an L2 eviction application — and a second N5 within six months can't be cancelled.

Quick summary

Three problems, one form

Three separate grounds from the Residential Tenancies Act, 2006 (RTA) share this form:

How the 7-day fix works

A first notice must set a termination date no sooner than 20 days ahead and spell out the 7-day remedy — end the behaviour, fix or compensate for the damage, or bring occupancy down. Compliance inside those 7 days (or, for damage, arrangements the landlord accepts) cancels the notice under ss. 62(3), 64(3) and 67(3).

The second N5

Under s. 68, fresh trouble arising after day 7 but inside six months of the first notice supports a second, uncancellable notice with a 14-day termination date.

Is an N5 the right notice?

Good fit: fixable situations — noise in the small hours, bothering neighbours or building staff, hoarding that draws pests or odours, damage from carelessness, more residents than the by-law permits. (Guideline 10 reviews LTB decisions on the first three grounds.)

Consider something else if:

• You live in a building with three or fewer residential units and the interference is with your enjoyment → N7: 10 days' notice, not voidable (RTA s. 65).
• Provable intentional damage, or serious harm to someone's safety → N7 territory. If intent may be hard to prove, the instructions steer you back to the N5.
• Criminal or illegal conduct, or misstated income in rent-geared-to-income housing → N6.
• Compensation only → no termination notice required; claim it on an L2 (Guideline 10).

The timeline, step by step

First N5

1. Serve it, termination date at least 20 days on (ss. 62(2), 64(2), 67(2)).
2. The tenant's week begins after receipt.
3. Earliest L2: when the week passes without compliance (RTA s. 70) — day 8 after service, per the instructions.
4. Latest L2: a 30-day limit counted from the termination date (s. 69(2)); after it, s. 46(1) voids the notice.

Mailing changes the math. Posted on Thursday, February 4, it counts as given on Tuesday, February 9 (RTA s. 191(3) adds five days) — and the termination date can't be earlier than Monday, March 1.

Second N5

1. Prerequisite: a valid first notice (s. 62, 64 or 67) and a new event falling after day 7 and before the six-month mark measured from that first notice (s. 68(1)).
2. Termination date: at least two weeks out — 14 days (s. 68(2)).
3. Earliest L2: immediately (s. 71); nothing the tenant does cancels it.
4. Latest L2: same 30-day limit after termination (s. 69(2)).

Example. After the February 3 notice, a new incident happens on Friday, April 16, 2027 — well past the 7 days and before the six-month mark (August 3). A second N5 handed over Monday, April 19 needs a termination date of Monday, May 3 or later; the L2 can go in immediately and no later than Wednesday, June 2.

How to count

Rule 1.13: skip the service day, include the termination day. Mail: +5 days (s. 191(3)). Courier: deemed given one day after hand-off, rolling to the next business day when that lands on a weekend or holiday (Rule 3.9; Rule 1.1 counts weekends as holidays). Notice periods are fixed — the Board can neither trim nor stretch them (Guideline 10).

Filling in the N5

Download the current version (LTB forms page) and keep the official instructions handy. Detach the landlord's checklist pages at the front; tenants shouldn't receive them.

Step 1 — To, From and Address of Rental Unit. All tenants in possession, including subtenants and assignees (leave off kids and visitors); all landlords; a full address with unit designation ("Basement" counts), town or city, postal code.

Step 2 — Termination date. Written as dd/mm/yyyy. Minimum: twenty days (first) or fourteen (second), extended for mail or courier.

Step 3 — My Reason(s) for Ending your Tenancy. Tick each reason that applies. Under every reason ticked, tick one of the two options:

• voidable — the tenant has 7 days to stop or correct and avoid eviction (first N5); or
• non-voidable — you can apply to the LTB immediately because this is your second N5 in the past 6 months (second N5).

No mixing allowed: per the checklist, one N5 can't be part voidable and part not, even across different reasons.

First-N5 extras: under Reason 2, what you estimate repair will cost (or replacement, when repairing isn't sensible); under Reason 3, the occupancy cap set by the relevant law or by-law, which is the number the household must drop to.

Step 4 — Details About the Reasons for this Notice. Never optional. Each row should cover:

• [ ] the person responsible — tenant, occupant, guest;
• [ ] when (or, for damage of unknown date, when you discovered it);
• [ ] the incident and the people it affected;
• [ ] damage: a description, and whether it was intentional or careless;
• [ ] overcrowding: your head-count estimate and the governing law or by-law;
• [ ] first N5: the precise steps that would cancel the notice.

Overflow pages are allowed; deliver them with the form.

Step 5 — Signature and Representative Information. Landlord or Representative box; name; phone; signature; date. A representative's block adds LSO number where applicable, firm, mailing address and email.

Delivering it

The instructions list: personal delivery (tenant, or any adult there); the mailbox or usual mail drop; under the door or via the slot; fax; courier; regular mail or Xpresspost. Email requires prior written consent (Rule 3.1). Taping it to the door is not service.

Copy for your records; one for each tenant; and a Certificate of Service signed by the server. Upload notice and certificate when filing the L2, or inside five calendar days (Rules 4.4, 4.5).

For tenants who receive an N5

• [ ] Is it a first or second N5? Look at which option is ticked under each reason.
• [ ] First N5? Seven days from receipt to end the behaviour, deal with the damage (repair, pay, or an arrangement the landlord accepts) or lower the head count. Done in time, the notice is cancelled.
• [ ] Several issues listed? Fix each one. The landlord can still go ahead on any issue you didn't correct, though the hearing is then limited to it (Guideline 10).
• [ ] Check the dates: 20 days for a first N5, 14 for a second, plus mail or courier time.
• [ ] Check the details. You should be able to tell from it what you're accused of and what would fix it.
• [ ] Was it taped to your door? That's not an allowed method.
• [ ] Remember the next window. Cancelling a first N5 doesn't end things: a new problem after the first week and within six months can bring a second N5, which can't be cancelled.

Why N5s fail

No corrections after service (Guideline 10). Small slips that don't seriously prejudice the tenant may be forgiven under RTA s. 212 — though not a wrong reason on an N5, the Board has held (Guideline 10, referring to Royal Bank of Canada v Scott, 2025 ONLTB 83472).

1. First/second not marked, or both marked. Every reason needs one option, and the whole notice must be one or the other.
2. A "second" N5 that isn't. No valid prior s. 62/64/67 notice, or the new event fell inside the first week or past six months — or it's the same incidents recycled. Guideline 10 rejects all of these.
3. Termination date too soon. Count 20 or 14, then add mail (5) or courier (one business day). Being off by one day ends it.
4. Thin details. "Too much noise" gives no case to answer and no instructions. Guideline 10, referring to Ball v Metro Capital Property, expects a voidable N5 to tell the tenant enough to choose whether to comply.
5. First N5 with no repair estimate (damage) or by-law maximum (overcrowding). Sections 62(2)(c) and 67(2)(c) require the notice to state the remedy; the form asks for those numbers.
6. A voidable N5 plus a non-voidable notice (an N7, say) for the same conduct. Mixed messages — "fix it" and "I'll apply regardless" — have led the LTB to dismiss on every notice involved (Guideline 10).
7. Filing inside the 7-day window. Barred by s. 70.
8. Day 31 or later after termination. Mandatory dismissal (s. 69(2)); notice void (s. 46(1)).
9. The tenant fixed it. That issue is gone.
10. Basics missed: an omitted tenant, a partial address, defective service, an unsigned form.
11. An outdated form. The N5 was updated September 21, 2026; earlier versions won't be accepted from November 30, 2026.

After the notice

Tenant fixed it within 7 days (first N5 only): cancelled. New trouble later in the six-month period, though, opens the door to a second N5.

Not fixed, or it was a second N5: the landlord's L2 goes in on the Portal, N5 and certificate attached, inside 30 days of the termination date ($186 on the Portal, $201 otherwise). Eviction and repair money can be sought together on the L2 — explain how you calculated the amount (Guideline 10).

At the hearing, the landlord carries the burden of proving the grounds, and RTA s. 83 obliges the Board to think about refusing or postponing eviction. A postponement the landlord hasn't agreed to now needs two findings: no unfairness to the landlord or other tenants, and compelling grounds (O. Reg. 516/06, s. 8.4). For orders issued on or after July 1, 2026, a review must be requested within 15 days (Request to Review an Order).

What's changed

• September 21, 2026: a revised N5 (older versions refused from November 30, 2026) and a tougher test for delaying eviction when the landlord doesn't consent.
• July 1, 2026: review requests cut from 30 days to 15 for orders issued from that date.

Still the same: 20 days, 14 days, and the 7-day correction window.

Questions people ask

First N5 versus second N5 — what's the difference?

First: 20 days, and a week to fix it and erase the notice. Second: triggered by new conduct after that week but inside six months; 14 days; no erasing; L2 can be filed at once.

As a tenant, can I cancel an N5 by paying for the damage?

On a first N5, yes. RTA s. 62(3) gives you a week to repair or replace, pay the estimate, or agree an arrangement the landlord accepts.

Does the tenant have to void the first N5 before a second one can be given?

No. Guideline 10 permits a second notice either way, as long as the fresh conduct falls after day 7 and before six months have passed since the first N5.

N5 or N7?

N7 only if a 10-day ground plainly fits, such as provably deliberate damage. Doubtful intent? The LTB's advice is the N5. Never both for one set of facts.

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

Last reviewed October 31, 2026. General information, not legal advice for your situation. Always use the current version of the form from the LTB.