N5: Notice to End Tenancy for Interfering with Others, Damage or Overcrowding
Used when a tenant substantially interferes with the reasonable enjoyment of others, wilfully or negligently damages the unit, or allows more people to occupy the unit than standards permit.
How the N5 Works
- First N5: termination date at least 20 days after service; the tenant has 7 days to correct the behaviour and void the notice.
- Second N5 (within 6 months but at least 7 days after the first): termination date at least 14 days after service — no correction window.
- Document every allegation thoroughly: dates, descriptions, photos, and estimated repair costs.
- If the tenant does not correct the issue (or it's a second N5), file an L2 application — no later than 30 days after the termination date.
Fixed-Fee Help — No Hourly Billing
OLH handles the N5 on transparent fixed-fee rates (quoted in your free consultation, plus taxes and disbursements). Legal Guarantee clients pay nothing extra — every notice, filing, and LTB hearing is included at $199/month.
Approved Methods of Service
Invalid service is one of the most common reasons notices fail at the LTB. Approved methods:
| Method | Effective date of service |
|---|---|
| Handed to the tenant (or an adult in the unit) | Same day |
| Placed in the mailbox or mail slot | Same day |
| Slid under the door | Same day |
| Courier | First business day after sending |
| Regular mail | 5 days after mailing (add 5 days to notice period) |
| Day sent — only with written consent in the lease |
Not valid: taping to the door, leaving with a neighbour, posting in the building, text message, or voicemail. Always complete a Certificate of Service the day you serve.
Related Forms
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