An N5 is a landlord’s notice to end a tenancy because the tenant, someone living with them, or a guest has substantially interfered with others, damaged the unit, or overcrowded it. On a first N5, the termination date must be at least 20 days away, and the tenant has 7 days to fix the problem and cancel the notice. If new conduct that qualifies for an N5 happens more than seven days but less than six months after the first N5 was given, the landlord can give a second N5, which needs only 14 days and cannot be cancelled. Either way, the landlord still needs an order from the Landlord and Tenant Board, through an L2 application, to evict.
What an N5 can be used for
The N5 covers three grounds under the Residential Tenancies Act, 2006. The conduct can be the tenant’s own, or that of another occupant of the unit or a person the tenant lets into the building.
| Ground | What it means | How the tenant corrects it |
|---|---|---|
| Interference (s. 64) | Substantially interfering with the reasonable enjoyment of the building by the landlord or other tenants, or with a lawful right, privilege or interest of the landlord. Examples: repeated noise late at night, harassing neighbours, blocking shared areas. | Stop the conduct within 7 days |
| Damage (s. 62) | Wilfully or negligently causing undue damage to the unit or the building | Within 7 days, repair or replace the damaged property, or pay the landlord the reasonable cost |
| Overcrowding (s. 67) | More people living in the unit than health, safety or housing standards allow | Reduce the number of occupants to the permitted level within 7 days |
Some situations need a different notice instead:
- Unpaid rent is an N4, and repeatedly late rent is an N8. Neither belongs on an N5.
- Damage that was deliberate, interference in a building of three units or fewer where the landlord also lives, and conduct that seriously impairs safety can be dealt with by an N7, which has a 10-day notice period and no chance to correct.
- Illegal acts in the unit or building are an N6.
The termination date: 20 days, or 14 for a second N5
According to the Board’s N5 instructions, the termination date on a first N5 must be at least 20 days after the notice is given. On a second N5, it must be at least 14 days. When counting:
- Do not count the day the notice is given.
- By mail: add five days for delivery.
- By courier: add one business day.
Example: A landlord hands a tenant a first N5 on November 15. The earliest termination date is December 5. If the landlord mails it on November 15 instead, the earliest termination date is December 10. The tenant’s 7 days to correct run from the day the notice is given, so a tenant who received the notice by hand on November 15 has until November 22.
The N5 must describe what happened in enough detail for the tenant to know exactly what to correct: dates, times, and what was done. For damage, it should describe the damage and the estimated cost to repair or replace it. A notice that only says “noise complaints” or “damage to unit” is one of the most common reasons an N5 fails at the hearing.
The tenant’s 7 days to correct
A first N5 gives the tenant a chance to keep the tenancy. If, within 7 days of being given the notice, the tenant stops the conduct, reduces the number of occupants, or repairs or pays for the damage, the notice becomes void and the landlord cannot use it to apply for eviction.
If the tenant does not correct the problem, the landlord can file an L2 application starting on the 8th day. The tenant does not have to move out on the termination date. Only a Board order, enforced by the Sheriff, can end the tenancy. Changing the locks or removing a tenant’s belongings without one is illegal.
A second N5 within six months
A landlord can give a second N5 for new conduct that qualifies for an N5 and happens more than seven days but less than six months after a valid first N5 was given. Two points are often misunderstood:
- The second N5 does not have to concern the same kind of problem as the first. For example, a first N5 for noise can be followed by a second N5 for damage.
- The first N5 does not have to have been corrected by the tenant.
The second N5:
- needs a termination date at least 14 days after it is given;
- cannot be voided by correcting the behaviour; and
- lets the landlord file the L2 as soon as the notice is given.
Because the second N5 relies on the first, keep a copy of the first notice and its Certificate of Service. Both must be filed with the L2, and the dates of the new conduct must fall within the window above.
The new N5 form (September 21, 2026)
The Board replaced the N5 form on September 21, 2026, together with the L2 and several other forms, as part of the changes described in its operational update. Earlier versions will not be accepted from November 30, 2026. Download the current form from the Tribunals Ontario forms page each time instead of reusing a saved copy.
What landlords should do
- Document as it happens. Dates, times, photos, videos, written complaints from other tenants, and repair invoices. The N5 and the hearing both depend on specifics.
- Choose the right notice. An N5 for something that is really unpaid rent, an illegal act, or a safety issue may be the wrong route.
- Count the dates carefully, and add the delivery days if you mail or courier the notice.
- Complete a Certificate of Service. You will need it with the L2.
- File the L2 on time, no later than 30 days after the termination date.
What tenants should do
- Do not ignore an N5. On a first N5, you have 7 days to correct the problem and cancel the notice.
- Correct it in a way you can prove. Tell the landlord in writing what you have done, and keep receipts for repairs or payments.
- Check the notice. If the details are vague, the termination date is too early, or it is on an outdated form, it may be defective.
- If an L2 is filed, you can dispute it at the hearing, and the Board can refuse or delay an eviction in appropriate cases. See how to fight an eviction at the LTB.
Served an N5, or need to serve one? Contact Jolanta or see our Landlord and Tenant Board services.
Frequently asked questions
How long is the notice period on an N5?
For a first N5, the termination date must be at least 20 days after the notice is given. For a second N5, given for new conduct more than seven days but less than six months after a valid first N5, it must be at least 14 days. Do not count the day the notice is given, and add five days if it is mailed or one business day if it is sent by courier.
Can a tenant cancel an N5?
A first N5, yes. If the tenant stops the conduct, reduces the number of occupants, or repairs or pays for the damage within 7 days of being given the notice, the notice becomes void. A second N5 cannot be cancelled this way.
When can a landlord give a second N5?
When new conduct that qualifies for an N5 happens more than seven days but less than six months after a valid first N5 was given. The new conduct does not have to be the same kind of problem as the first, and the first N5 does not have to have been corrected.
Does a tenant have to move out by the termination date on an N5?
No. The N5 is only a notice. The landlord must apply to the Landlord and Tenant Board with an L2 application, and only a Board order, enforced by the Sheriff, can remove a tenant.
When can a landlord file an L2 after an N5?
After a first N5, from the 8th day after the notice was given, if the tenant has not corrected the problem. After a second N5, as soon as the notice is given. In both cases, no later than 30 days after the termination date in the notice.
Can an N5 be used for unpaid rent?
No. Unpaid rent is dealt with by an N4 notice and an L1 application. Repeatedly paying rent late is dealt with by an N8 notice.
Is the old N5 form still valid?
The Landlord and Tenant Board replaced the N5 form on September 21, 2026. Earlier versions will not be accepted from November 30, 2026. Always download the current form from the Tribunals Ontario website.
Related guides
- The LTB Hearing Process — what to expect
- How to Fight an Eviction at the LTB
- Understanding the N4 Notice — non-payment of rent
- N4 Notice Changes 2026 — 7 days, not 14
Sources: Tribunals Ontario, Instructions for Form N5 (updated September 21, 2026); LTB Operational Update: Legislative changes effective September 21, 2026; Residential Tenancies Act, 2006, ss. 62, 64, 67, 68 and 69. This article is general information, not legal advice.
A licensed paralegal (LSO No. P20100) representing landlords and tenants at the Landlord and Tenant Board across Mississauga, Brampton and the GTA.
Seven days to correct. Thirty days to file. Get the details right.
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