Ontario Form N5: Interference, Damage or Overcrowding
The official Ontario LTB notice, explained in everyday language: what it is for, how to fill it in, deadlines, service and next steps.
Use N5 for substantial interference, wilful or negligent damage, or overcrowding contrary to safety or property standards. A first N5 generally gives 7 days to correct the problem; a qualifying second N5 within 6 months works differently.
An N5 is a notice, not an LTB eviction order. The form and its instructions are controlled by Tribunals Ontario; this page explains the key steps but is not itself a fillable official form.
Choose N5 for the correct reason
- Reason 1 — interference: substantial interference with someone’s reasonable enjoyment or another lawful right, privilege or interest. State whose use was affected and how.
- Reason 2 — damage: wilful or negligent damage by the tenant, occupant or guest. Specify the damaged items and reasonable repair/replacement amount.
- Reason 3 — overcrowding: the number of occupants exceeds a specific health, safety or property standard. Identify the law/bylaw and the allowed number; a landlord’s preference alone is not the test.
Complete the form — what each part needs
- Identify everyone: list named tenants and landlords plus the exact rental-unit address.
- First or second N5: choose whether this is the first N5 in the previous six months or a qualifying second N5 following a first with a seven-day correction period.
- Choose each relevant reason: describe events with dates, times, people involved and effects. Avoid vague wording such as “tenant is disruptive.” Attach an extra detail page if necessary.
- For a first N5: explicitly tell the tenant how to fix the problem within 7 days. For damage, specify repair, replacement or estimated cost. For overcrowding, identify the relevant occupancy standard and number.
- Termination date: first N5 at least 20 days after service; qualifying second N5 at least 14 days. Exclude the service day, and add mail/courier delivery time where relevant. Sign and date.
A first N5 is handed to the tenant on November 1. The earliest termination date is November 21. The tenant has until the end of November 8 (seven days after service) to correct the specified issue and void that first notice. The landlord can seek an L2 from day 8 if it remains uncorrected.
Serve it — and what happens afterward
Give the notice in person to the tenant/adult in the unit, leave it in the mailbox or under the unit door, or serve by an approved mail/courier/fax method. Do not post it on the unit door. Keep a copy and a service record.
- First N5 corrected within 7 days: the notice is void. A landlord cannot evict based on that first notice.
- Not corrected, or a qualifying second N5: the landlord may submit L2, N5 and Certificate of Service. The L2 application deadline is generally 30 days after the stated termination date.
- Tenant response: document how an issue was corrected, or gather evidence disputing the allegations. Receiving N5 alone is not an eviction order.
N7 is a different notice for certain serious allegations. Not every complaint or unproven damage claim qualifies for the stricter N7 route.
Common mistake to avoid
A first N5 needs a clear description of how to cure the issue. A notice with generic accusations is vulnerable to challenge.