When served with these notices, please seek legal advice to ensure that these notices are used in good faith and used for legal cases of eviction.
In Ontario, these are the only valid types of evictions:
N4 – Not Paying the Rent in Full
N5 – Damage, Substantial interference, Impairing safety or Overcrowding
N6 – Misrepresentation of Income (if the tenant pays Geared to Income)
N7 – Illegal Act
N8 – Persistent late payment
N12 – Landlord’s or Purchaser’s own use
Personal Use by New Purchaser
Personal Use by the Landlord
N13 – Demolition or conversion
Conduct Major Repairs or Renovations
Demolish the Rental Unit or Home
All other reasons are not valid. A tenant cannot be evicted if:
A tenant’s children are noisy;
A tenant requests repairs; or
A tenant joins a tenant association.
Notice: N4 – Notice to End a Tenancy Early for Non‐Payment of Rent
What is: An N4 notice is an eviction notice indicating you have fallen behind on your rent payments.
Recommended:
Pay rent if it is owed. It is best to pay the rent to the landlord by the deadline in the notice. This will void the notice, meaning that a landlord cannot apply for your eviction at the Landlord and Tenant Board.
Check the termination date on the notice. If the termination date is less than 14 days from the day of notice for units rented on a monthly or yearly basis or less than seven days from the day of notice for units rented on a daily or weekly basis, then the notice is void.
If a tenant is unable to pay the rent owed, they may be eligible for City programs that can provide assistance. Another option is to form or join a Tenant Association.
Correct the behavior within seven days. After seven days, the landlord has the right to apply to the Landlord Tenant Board for an Application.
Not required: A tenant does not have to move out.
Landlord Requirements: A landlord must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N4). If accepted, a landlord’s application for eviction will prompt a hearing. As a result, a tenant will have to defend their tenancy.
LTB Application: L1 – Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes
Landlords cannot issue an eviction order. The only authority that can issue an eviction order is the Landlord and Tenant Board and the only authority that can enforce an eviction order is the Sheriff. Both the Sheriff and the Landlord and Tenant Board must provide written notice in advance of an eviction.
Notice: N5 – Notice to End Tenancy for Interfering with Others, Damage, or Overcrowding
What it is: A tenant or tenant’s guest’s behavior is disturbing the neighbours or has resulted in damage to property. This notice may also be served if a tenant is found to have too many people living in a unit which is considered overcrowding.
Recommended:
Check the termination date to see if the notice is valid.
If this is a tenant’s first N5 Notice to End Tenancy in the past 6 months, the termination date on page 1 must be at least 20 days after the notice is given.
If this is a tenant’s second N5 Notice to End Tenancy in the past six months, the termination date on page one must be at least 14 days after the notice is given.
Notice is void if the notice period is shorter than these dates.
Seek legal advice from a legal clinic.
Talk to neighbours and community organizations to see if they are having the same problems.
Form or join a Tenant Association.
Correct the behavior within seven days. After seven days, the landlord has the right to apply to the Landlord Tenant Board for an Application.
Not required: A tenant does not have to move out.
Landlords requirements:
Give seven days for the tenant to correct the behavior.
File an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N5). If accepted, your landlord’s application for eviction will prompt a hearing where you can defend your tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
Notice: N6 – Notice to Terminate a Tenancy Early: Illegal Act or Misrepresentation of Income
What it is: This Notice applies to people receiving rent-geared-to-income or other housing subsidies where the amount of rent is determined based on the reported income. It may be grounds for eviction if it is found that a tenant is earning more income than is reported OR a tenant or their guests did something illegal on the property.
Recommended:
Seek legal advice from a legal clinic.
Talk to neighbours and community organizations to see if they are having the same problems.
Form or join a Tenant Association.
Not required: Move out if you disagree with the notice.
Landlord's requirements: Landlords must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N6). If accepted, your landlord’s application for eviction will prompt a hearing where you can defend your tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
Notice: N7 – Notice to End your Tenancy For Causing Serious Problems in the Rental Unit or Residential Complex
What it is: A tenant or their guests have caused damage or serious problems for their landlord or other tenants.
Recommended:
Seek legal advice from a legal clinic.
Talk to neighbours and community organizations to see if they are having the same problems.
Form or join a Tenant Association.
Not required: Move out if you disagree with the notice.
Landlord requirements: Landlords must file an application for eviction at The Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N7). If accepted, a landlord’s application for eviction will prompt a hearing where a tenant will have to defend their tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
Notice: N8 – Notice to Terminate Tenancy at the End of the Term
What it is: At the end of a lease the landlord can file for eviction if:
A tenant has persistently paid rent late;
A tenant no longer qualifies for subsidized housing;
The rental unit was part of an employment agreement and a tenants employment ended;
The tenancy was created in good faith as a result of an Agreement of Purchase and Sale for a proposed condominium unit, and the agreement has been terminated; or
The unit was rented so the tenant could receive therapeutic care and the agreed period of tenancy has ended.
Recommended: For persistent late payments, the tenant should demonstrate that they have funds to afford the rent, and are committed to paying on time in the future. It might be helpful to put this in writing for a landlord or provide any rent receipts indicating the payment date. Seek legal advice.
Landlord's requirements: Landlords must file an application for eviction at the Landlord and Tenant Board and can do this the day after the termination date stated in the notice (N8). If accepted, a landlord’s application for eviction will prompt a hearing where a tenant will have to defend their tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
Notice: N11 – Agreement to End the Tenancy
What it is: Voluntary end of the lease. An N11: “Agreement to End the Tenancy” is a form stating that the landlord and tenant both want to end a lease and must be signed by both parties. If tenants sign the N11, they are agreeing to voluntarily move out.
Recommended:
If a tenant wants to stay in their unit, they can refuse to sign the N11.
A tenant can challenge the notice if they think it is not true or there are other errors within it.
Get legal advice from a legal clinic or other professional before signing anything.
Consider the cost of moving and paying higher rent for the long-term as a result of moving out.
Talk to neighbours and community organizations to see if they are having the same problems.
Form or join a Tenant Association.
Not required: A tenant does not need to sign the N11 if they do not want to move out. A tenant can refuse to sign the N11 if they want to stay in their unit.
Landlord requirements: Landlords must have an agreement in writing and must offer a tenant compensation in exchange for signing the N11.
Notice: N12 – Notice to End your Tenancy Because the Landlord, a Purchaser, or a Family Member Requires the Rental Unit
What it is: A landlord, landlord’s family, someone buying a tenant's rental unit, or the buyer’s family wants to move in. The family includes only:
Spouse;
Child;
Parent;
Spouse’s child; and
Spouse’s parent;
It also includes a caregiver for any of them.
Important: These applications are commonly used in “bad faith” to evict long-term tenants in order to move new tenants in at a higher rent.
Recommended:
Challenge the notice if there is something wrong with it or if it is not true. Ask the landlord what family member is moving in.
Get legal advice from a legal clinic or other professional before signing anything.
Challenge the application and defend your tenancy at the Landlord and Tenant Board.
Talk to your neighbours and community organizations to see if they are having the same problems.
Form or join a Tenant Association.
Not required: Move out unless a tenant receives an eviction order from the Landlord and Tenant Board following a hearing.
Landlords requirements:
Compensate for one month of rent in the case that the tenant does move out;
Give 60 days’ notice using an N12 form for their application to the Landlord and Tenant Board to evict you to be valid; and
File an L2 with the Landlord and Tenant Board no later than 30 days after the termination date on the N12. If accepted, your landlord’s application for eviction will prompt a hearing where you can defend your tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
Notice: N13 – Notice to End Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use
What it is: A landlord wants to tear down the building, use it for something else, or is planning to do extensive renovations that will render the unit uninhabitable.
Important: There is an increasing trend of some landlords serving this eviction notice to tenants as a way to get them to move out so they can re-rent the unit at a higher rent.
In order for this type of eviction to be valid, a landlord must have applied for building permits. If a tenant is served an N13 and thinks the landlord is acting in bad faith, they can check if the landlord has applied for the necessary building permit using Building Application Status Search.
Recommended:
Find out if there is a development/building application for the site.
Challenge the notice if there is something wrong with it or if what it says isn’t true.
Talk to your neighbors and community organizations to see if they are having the same problems.
Form or join a Tenant Association.
Not required: The development process can take years, so a tenant should not have to have to move immediately.
Landlord requirements:
Give 120 days’ notice in the form of an N13 form for their application to the Landlord and Tenant Board in order for the eviction order to be valid.
File an L2 with the Landlord Tenant Board no later than 30 days after the termination date on the N13. If accepted, your landlord’s application for eviction will prompt a hearing where you can defend your tenancy.
LTB Application: L2 – Application to End a Tenancy and Evict A Tenant
Give compensation in most circumstances. If the landlord is giving notice for reasons 1 (landlord intends to demolish the rental unit or the residential complex) or reason 3 (landlord intends to convert the rental unit or the residential complex into non-residential use), the landlord must pay the tenant an amount equal to 3 months’ rent or offer the tenant another acceptable rental unit.
If the landlord is giving notice for reason 2 (landlord requires the rental unit to be vacant in order to do repairs or renovations so extensive that they require to get a building permit and the rental unit must be vacant to do the work), they must offer Right of Return. This type of eviction requires your landlord to offer your old unit back to you after renovations are complete, called “right to return”. It is important to note that this is rarely the case, as there is an increasing trend of landlords trying to rent the renovated unit to a new tenant at a much higher rent.
Cited on 2022-01-15 from https://www.toronto.ca/community-people/housing-shelter/rental-housing-tenant-information/understand-fight-evictions/
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