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Notice to Evict Form N5 - Damage, Interference and Overcrowding

Updated: Nov 29, 2023

If a Landlord is having a problem with a tenant where they want to evict, and it isn't related to rent, it is likely going to use a Form N5 from the Landlord and Tenant Board (LTB). A link to this form can be found here.

Generally speaking, if this is the first N5 notice to evict that tenant in the past 6 months, the termination date must be 20 Days from the date of service of the Form N5. For those who read my column on the N4 (Eviction for Non-Payment of Rent), I still suggest adding one extra day to the minimum notice period. This is a simple safeguard against arguments about notice periods or service dates on the day of hearing. Remember, you will need to complete a certificate of service from the LTB for the delivery of the Form N5.

When completing the N5 form, “Reason 1” is evict for interference with others. This can be anything from a loud party that keeps other tenants awake, or refusing entry to a landlord who has provided appropriate notice to check the smoke alarms. If this is the first time you have given the tenant an N5 notice to evict for this specific interference, the notice gives the tenant “…7 days to stop the activities or correct the behaviour….” If they do not remedy the issue in 7 days, on the 8th you can apply to evict that tenant on the N5. If this is their second N5 notice for an issue with a 7-day correction period in the last six months, you can apply to the board immediately. The termination date calculation may also change.

“Reason 2” is the most common in my office, and relates to damage to property.  This portion is reasonably clear but requires two elements for success. First, you must be able to prove the damage. If you do not have an estimate for repair/replacement, your application most likely will not succeed. Second, you must have someone to give testimony about the damage and how he/she think it happened.  This can come in many forms but the easiest is often the Landlord/Property Manager with a letter from a contractor who repaired it, or a police report.

“Reason 3” is to evict for Overcrowding. This does not mean that they have a friend/lover or family member living with them, but that the number of people in the unit is high enough to breach health, safety, or housing standards. In my experience, this is a high test to meet, and exceedingly uncommon.

As always, remember that this blog should not be taken as legal advice and is no substitute for a consult about your specific facts. If you have questions, call Jon today at 519-564-3242 to discuss how this could apply to you.

Jon Sparling Paralegal


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