N4 – Notice to End your Tenancy for Non-payment of Rent

​There are important things to consider when serving a Form N4 to your tenant:

Don’t wait to start the process, serve the notice as soon as legally possible.
If rent is due on the 1st of the month but you haven’t received the full payment, the N4 notice can be served as early as the 2nd of the month.
The total process can take anywhere from 6-7 months on average so make sure to follow the timelines.

​The N4 notice is a 14 day termination notice that gives the tenant 3 options:
Option 1: Pay the full amount owing and void the notice by the termination date;
Option 2: Move out of the unit by the termination date; or
Option 3: They can ignore the notice and wait until the landlord files with the Landlord and Tenant Board (LTB).
When calculating the termination date, the day this notice is delivered to the tenant is considered day 0, the next day is day 1.

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Only rent arrears can go on the N4 notice. Any other money owing included on an N4 will make the notice invalid.
If the tenant doesn’t follow the notice and pay the full amount owing, file the L1 application with the Landlord and Tenant Board as soon as possible.
If you have already served your tenant a N4 notice and another month becomes due, DO NOT serve a new N4 unless the tenant has paid the money owing on the last one in full by the termination date.
Do Not include the last month’s rent deposit on the N4, if this is not collected on or before the date the tenant moves in, it is not due until the last month of the tenancy.
Never serve the tenant with a N4 notice on the day the rent is due, the earliest you can serve this notice is the day after the rent due date.

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If the tenant offers a partial payment, you must accept it, and you can still continue to file the L1- Application to evict a tenant for non-payment of rent and to collect rent the tenant owes with the Landlord and Tenant Board. This application can be filed as early as the day after the termination date on the N4 notice.

Once this application is filed, a hearing date will be set and a Notice of Hearing package will be sent to you and the tenant. 

It is important to continue with the L1 application to the Landlord and Tenant Board if the tenant does not void the N4 notice by paying all the rent they owe.  Otherwise, the tenant can continue to live in the rental unit for free.  

N6 – Notice to End your Tenancy for Illegal Acts

The N6 notice can be served to a tenant when the tenant, or their guest, has committed an illegal act in the rental unit or rental complex involving drugs; or are participating in another illegal business or other illegal act not related to drugs.
The L2 Application to End a Tenancy and Evict a Tenant can be filed with the Landlord and Tenant Board right after the N6 notice has been given to the tenant. Make sure to follow the timelines as the process can take 3 to 4 months or longer.
It’s important to note that the notice becomes void if the landlord does not apply to the Board within 30 days of the termination date on the notice.

Termination Date & Reason 1
If serving the notice because your tenant or their guest has committed an illegal act or is carrying on an illegal business at the rental unit which involves the production, trafficking or possession of an illegal drug for the purposes of trafficking, Form N6 is a 10-day termination notice, and it does not give the tenant an opportunity to void it.

Termination Date & Reason 2
If serving the notice because your tenant or their guest has committed an illegal act or is carrying on an illegal business at the rental unit that does not involve an illegal drug, form N6 is a 20-day termination notice, and it does not give the tenant an opportunity to void it.

If the tenant does not move out by the termination date or you want to try to save time, you should continue with the process and file the L2: Application to End a Tenancy and Evict a Tenant. This application can be filed right after the notice is provided to the tenant.

N5 – Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding

​​If your tenant is causing damages in the rental unit, owes money for unpaid utilities, is interfering with another tenant in the building, using something that they shouldn’t be such as a parking spot or storage space, or has too many people living with them in the unit, it is very important that you take action right away. DO NOT wait months before you do something.

Important information

If serving this notice for damages, get at least two written estimates and do not wait until the tenant is moving out before starting this process.  If you know about damage while the tenancy is in place and you don’t do anything about it until the tenant moves out, you risk not being able to file the application.

N3: Notice to Increase the Rent and/or Charges for Care Services and Meals

You can give this notice to the tenant if the tenant lives in a care home unit and you are increasing the tenant’s rent and/or their charges for care services and meals.

Under the Residential Tenancies Act, 2006 (the RTA) a residential complex is a care home if the tenants occupy their rental unit for the purpose of receiving care services (whether or not receiving care services is their main purpose for living there).

Care services are health care services, rehabilitative or therapeutic services and services that provide assistance with daily living. When a tenant moves into a care home rental unit, you must give them a care home information package. Until you give the tenant the care home information package, you cannot give the tenant a Notice to Increase the Rent and/or Charges for Care Services and Meals.

You can increase the rent if at least 12 months have passed since the date of the last rent increase or since the date the tenant moved into the rental unit. If the previous tenant assigned the rental unit to the current tenant within the 12 months before the increase date, you can increase the rent if at least 12 months have passed since the previous tenant’s last rent increase. You must give the tenant this notice at least 90 days before the date you will increase the tenant’s rent.​​

N8

If the tenant has been paying rent persistently late throughout their tenancy, the N8 notice of termination can be served. Typically, you should be able to show the Landlord and Tenant Board that the tenant has been paying the rent late at least 7 or 8 times within a consecutive 12 month period.

Keep in mind that the Landlord and Tenant Board does not usually terminate a tenancy initially, instead it is likely that a payment plan will be ordered for your tenant which would require them to make payments by certain dates. If the tenant doesn’t follow the payment plan ordered by the Board, follow the instructions on your order to continue the termination process.

The L2 application to end a tenancy and evict a tenant can be filed with the Landlord and Tenant Board right after the N8 notice has been given to the tenant. It is important to note that the notice becomes void if the landlord does not apply to the Board within 30 days of the termination date on the notice. 

Make sure to include all the necessary details of the tenant’s late payment history.

There is limited space in the details chart, so if you need more room to outline all the details, write SEE ATTACHED in the box and attach additional pages.

N11- Agreement to End the Tenancy

​Residential Tenancies Act, 2006

In Ontario, the Residential Tenancies Act (the Act) is the provincial law that governs most residential rental agreements. It defines the rights and responsibilities of both landlords and tenants and outlines appropriate reasons for giving a notice of termination.

The Act gives tenants security of tenancy which means that a tenant can continue to occupy the rental unit until:

The landlord gives notice to end the tenancy for a reason allowed by the Act;
The tenant gives notice to end the tenancy; or
The landlord and tenant agree to terminate the tenancy together.

A tenant cannot be forced to sign an agreement to end the tenancy. This must be a mutual agreement between the landlord and tenant. There does not have to be a reason for termination, and there is no specific time requirement for the termination date, it can be set for any date the parties agree on.
If an agreement to end the tenancy is signed at the same time the tenancy is entered into, the agreement to end the tenancy is void and the landlord cannot rely on it.
To avoid confusion about what was agreed upon, it is recommended that an agreement to end a tenancy is put in writing on the Landlord and Tenant Board Form N11.
A valid agreement to end the tenancy must include:

The name of the landlords and tenants,
Address of the rental unit,
The date the tenancy will end, and
Signature of all parties.

In the case of a joint tenancy, to completely end the tenancy, all joint tenants would have to sign the agreement. An agreement to end the tenancy would not be enforceable unless all joint tenants sign it and agree to leave. Otherwise, the tenancy continues with the remaining tenants.

N9: Tenant’s Notice to End the Tenancy

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For most types of tenancies (including monthly tenancies) the termination date must be at least 60 days after the tenant gives the landlord this notice. Also, the termination date must be the last day of the rental period. For example, if the tenant pays on the first day of each month, the termination date must be the last day of the month. If the tenancy is for a fixed term (for example, a lease for one year), the termination date cannot be earlier than the last date of the fixed term.

​The landlord can apply to the Board for an order to end the tenancy and evict the tenant as soon as the tenant gives the landlord this notice. However, if the Board issues an order ending the tenancy, the order will not require the tenant to move out any earlier than the termination date the tenant included in this notice.

​A landlord cannot require the tenant to sign an N9 Tenant's Notice to End the Tenancy as a condition of agreeing to rent a unit. A tenant does not have to move out based on this notice if the landlord required the tenant to sign it when the tenant agreed to rent the unit. Exceptions: A landlord can require a tenant to sign an N9 Tenant's Notice to End the Tenancy as a condition of agreeing to rent a rental unit in the following two situations: • The tenant is a student living in accommodation provided by a post-secondary institution or by a landlord who has an agreement with the post-secondary school to provide the accommodation. • The tenant is occupying a rental unit in a care home for the purposes of receiving rehabilitative or therapeutic services, and • the tenant agreed to occupy the rental unit for not more than 4 years, • the tenancy agreement set out that the tenant can be evicted when the objectives of providing the care services have been met or will not be met, and • the rental unit is provided to the tenant under an agreement between the landlord and a service manager under the Housing Services Act, 2011.

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N12- Terminating a Tenancy for Purchaser’s Own Use

Landlord’s own use means that the rental unit is required for the residential use by:

The landlord or their spouse;
A child or parent of the landlord or their spouse; or
A person who will provide care services to one of these individuals.

Purchaser’s Own Use 

Purchaser’s own use means that when a unit is sold, the landlord can give a notice of termination on behalf of a purchaser if the rental unit is required for residential use by: 

The purchaser or their spouse;
A child or parent of the purchaser or their spouse; or
A person who will provide care services to one of these individuals.

When to serve the N12

There are important differences between the two notices for own use. With respect to landlord’s own use, a landlord can only provide a tenant with this notice if:
The landlord or their immediate family member or a caregiver, in good faith, requires the rental unit for their own personal occupation, and
The person moving into the unit intends to live there for at least one year.

Before giving a notice for purchaser’s own use, the landlord must have a signed purchase and sale agreement, the property can only contain three units or less, and the purchaser or their immediate family member or caregiver, in good faith, must require the rental unit for their own personal occupation.

All tenants have security of tenure which means that the tenants are entitled to continue to live in the rental unit after the initial term ends.

The tenancy can only be terminated in 3 ways:

The tenant gives notice to terminate the tenancy;
The landlord and tenant agree to terminate the tenancy; or
The landlord gives a notice to end the tenancy for a reason permitted under the Residential Tenancies Act, and the tenant moves out, or if the tenant does not move out, the landlord applies to the Landlord and Tenant Board and obtains an eviction order.

Purchaser’s Own Use

To recap, the landlord can give a notice of termination of the rental agreement if the rental unit is required in good faith for the residential occupation by specific individuals.

If giving this notice for a caregiver, the caregiver must be living in the same building as the person receiving care services. For example, if you have a duplex and you need one unit for a caregiver, the person receiving the care services must be living in the other unit of this same duplex.

A notice of termination for own use cannot be given to the tenant 

If the property has more than three units;
Occupation is not required by one of the eligible individuals 
It is being given on behalf of extended family members such as a brother, cousin, aunt or grandparent (it can only be given for the individuals listed on the notice); or
There is a fixed-term lease still in place.

Good Faith

When serving notice to end tenancy for purchaser’s own use, it is important that there be good faith. Good faith is having a genuine intention to occupy the rental unit for residential purposes.

Landlords are also be required to notify the Landlord and Tenant Board of any N12 or N13 notices they have given for the same of different rental unit. Non-compliance means the Landlord and Tenant Board can refuse the application.

This notice should not be served to a tenant because there has been a breakdown in the relationship, or because the rent is too low.

If this happens, a tenant can file a T5 application against a former landlord for bad faith within 12 months of the date they moved out.

What is the N12 notice?

Form N12 is a notice to end the tenancy that can be given to the tenant if the rental unit is required for residential use by someone such as a landlord, purchaser, or caregiver.

Make sure to use the most up to date forms which can be found on the Landlord and Tenant Board website, and take into consideration the length of time it will take to evict the tenant.

Monthly Tenancy

If your tenancy is on a month to month basis, Form N12 can be given at any time after a purchase and sale agreement is signed, but the termination date must match with the end of a rent period.

Be careful of the rent due date as this will affect the termination date. 

For example, if rent is due on the 15th of the month and you give notice to the tenant on March 15th, this means the termination date on the form should be May 14th.

Fixed-term Lease

If you have a fixed-term tenancy, a notice of termination for own use can be given at any time after a purchase and sale agreement is signed, but the termination date must match with the end of the term.

For example, you have a lease ending December 31, 2020.  You have to honour the lease term and can serve this notice to the tenant by the end of October for a termination date of December 31st.

N12 Notice for Landlord’s Own Use

The Landlord and Tenant Board website has links to instructions for many of their notices and applications, so make sure to read through them and use them to help you fill out the forms.

N12 Notice for Purchaser’s Own Use: Names & Address

When listing tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent. If your tenant uses a nickname, include both their legal name and their nickname. 

If you have a joint tenancy (2 or more tenants together on one agreement) make sure to include all their names. The same applies with landlords, include full names of all landlords for a rental unit. Do not list the purchaser’s name on this notice.

Clearly define the rental unit. It is very important for the address of the unit to include the full address and specify exactly where the tenant is living, such as the main floor, basement or a unit number.

N12 Notice for Purchaser’s Own Use: Termination Date

The termination date must be at least 60 days and coincide with the end of a rent period or the end of a fixed term if there is a lease.

With this example, rent is due on the 15th of the month and this N12 notice was provided on March 5th, therefore the termination is listed as May 14th.

It’s important to note that the notice becomes void if the landlord does not apply to the Board within 30 days of the termination date.  In the example used in the presentation, the N12 notice would expire June 15th if the landlord has not filed with the Board.

N12 Notice for Purchaser’s Own Use: Reason

Make sure the reason selected is the proper reason and indicate who will be moving into the unit. 

N12 Notice for Purchaser’s Own Use: Signature

The notice should be signed by the landlord, and not the purchaser.  If the landlord has hired a lawyer or paralegal and they are serving the notice on the landlord’s behalf then it can be signed by the legal representative.  The date next to the signature should be the date the N12 notice is given or sent to the tenant.

N12 Notice: Important Information

Carefully read the Important Information section on page 2 of the notice and make sure you understand everything before serving this notice to your tenant(s).

Note that when giving this notice, the landlord must make sure the purchaser is willing to be involved in the process as they will have to fill out a Declaration or Affidavit and attend the hearing.

Tenant’s Rights after Being Served

If the tenant disagrees with the notice they don’t have to respond and they do not have to move out of the rental unit unless the Landlord and Tenant Board orders them to.

The tenant is also given the option of ending the tenancy earlier by providing at least 10 days’ notice in writing using the N9.

If the tenant decided to move out, the tenancy ends on the date they move out of the rental unit.

How can you serve the N12?

Make sure to deliver the notice to the tenant according to the Landlord and Tenant Board Rules or this will result in you having to start the process all over again.

The most common ways to give this notice is by handing it to the tenant, placing it in the tenant’s mailbox as long as a key is not required to access it, or sliding it under the door of the rental unit.

It is important to note this notice should NEVER be posted on the tenant’s door. Do NOT deliver this notice by email or text message as these are NOT proper methods of service.

‘Cancelling’ a N12 Notice

Before serving a N12 notice, make sure the person set to move into the rental unit is prepared to live there for at least one year. It’s not possible to cancel this notice once it is given to the tenant. Write them a letter to explain the change and inform them that they can disregard the N12 and continue to live in the rental unit.

However, if you are trying to ‘cancel’ the notice but it’s too late because the tenant signed another tenancy agreement and is moving out, you will still have to provide compensation. There is still a chance that the tenant files an application against you at the Landlord and Tenant Board for bad faith and tries to sue you for up to $50,000. This amount is up to $250,000 for corporations.

Offences and Penalties

If the tenant moves out according to the notice, and before you file an application with the Landlord and Tenant Board, the individual on the notice is still required to live in the property full-time.  

If this doesn’t happen and the tenant finds out, they have one year from moving out of the rental unit to file a bad faith application with the Landlord and Tenant Board and sue their former landlord for up to $50,000 (up to $250,000 for corporations). There is also the possibility of a landlord getting charged under the Provincial Offences Act and having to face additional penalties.

Recent changes to the law by Bill 184: Providing Compensation 

Changes to the law as of July 21, 2020 require that a landlord now compensate the tenant an amount equal to one month’s rent by the termination date on the N12 notice or offer the tenant another rental unit that is acceptable.

If paying compensation, the full amount must be paid to the tenant on or before the termination date listen on the N12 notice. The landlord risks the dismissal of their application at the Board and having to start the process all over again if it is not paid by this deadline.

If offering another rental unit, it must be a unit which is owned by the same landlord who is giving the tenant the notice.

N7- Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex

If your tenant or their guest is impairing the safety of others in the rental unit or causing wilful damage, it is very important that you take action right away. DO NOT wait months before you do something.
You will need strong evidence to present to the adjudicator at the Landlord and Tenant Board.  If you can’t prove whether the person who caused damage did so willfully, it’s best to proceed with the N5 notice instead.
If you live in the same building as the tenant and there are 3 or fewer units, Form N7 can be used if you want to end the tenancy for interference without giving the tenant an opportunity to correct their behaviour.
The application process can take 6 to 7 months or longer, so make sure to read the notice carefully, understand what you are giving to your tenant, and follow the timelines.

The N7 termination notice is commonly given to tenants for:
Safety impairment;
Willful damage;
If the rental unit is being used in an inconsistent manner with its use as a residential premises and this has caused or can be expected to cause serious damage; or because
The landlord and tenant live in the same building, with 3 or fewer units, and the tenant is causing interference.

If the tenant does not move out by the termination date or you want to try to save time, you should continue with the process and file the L2: Application to End a Tenancy and Evict a Tenant. This application can be filed right after the notice is provided to the tenant.

Matters in Law Paralegal Services

N10: Agreement to Increase the Rent Above the Guideline

If you are planning a rent increase above guideline, there are very specific rules to follow and you should find a legal professional who specializes in this area. 

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N2: Notice of Rent Increase (Unit Partially Exempt)

New rental units must meet specific requirements to be exempt from the rules relating to rent. This post provides information on the rent increase exemptions created by Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018. This Act amended the Residential Tenancies Act, 2006, (RTA), to allow for the elimination of the annual rent guideline amount for certain rental units.Type your paragraph here.

Exemptions from rules relating to rent

Section 6.1 of the RTA provides details of the amendment for the rent control exemption that refers to two types of rental units:
A building, mobile home park or land leased community; no part of which was occupied for residential purposes on or before November 15, 2018; and
Rental units located in detached, semi-detached and row houses which meet and are subject to specific requirements.
Specific requirements – The exemption for new rental units located in detached houses, semi-detached houses or row houses, not occupied for residential purposes on or before November 15, 2018, are subject to the following:

The property cannot contain more than two (2) rental units;
The unit must have its own kitchen, washroom and one or more exterior/interior entrance;
Each entrance has a door that can be secured from the inside of the unit;
At least one door must be capable of being locked from the outside;
The residential rental unit came into existence on or after November 15, 2018; AND
One or both of the following apply:

The building is owner occupied
The unit was created in a previously unfinished space.
All of these conditions must be met in order for an exemption from the annual rent guideline increase to exist.

Notice of Rent Increase for Partially Exempt Units

The N2: Notice of Rent Increase (Unit Partially Exempt) is used for rental units that are exempt from the annual guideline increase amount. This means the landlord can set their own amount for the unit. However, proper 90 day notice must still be provided to tenant using this Landlord and Tenant Board form.  
Section 6.1 of the Residential Tenancies Act, 2006 explains the exemptions relating to rent. The N2 notice would be used in these situations. Make sure to read the notice before giving it to the tenant as it contains important information for both parties to be aware of.

Form N13 Notice to Terminate a Tenancy at the End of the Term for Conversion, Demolition or Repairs

This form is used when the landlord is converting the unit or complex to a non-residential unit, the landlord intends to demolish the residential unit or complex, or the landlord needs the unit to be vacated in order to perform extensive repairs that require vacant possession and a building permit. 

The Board will not issue an order terminating the tenancy and evicting the tenant unless you have obtained any necessary permits or other authorization.

Form N13 shall detail the reasons for termination (landlord should provide information about the work that they plan to do for the reason indicated), specify a termination date of at least 120 days after the notice is given. This termination date must be the last day of the rental period, unless it is a fixed term tenancy. If the tenancy is fixed term, the termination date cannot be earlier than the last day of the fixed term.

After receiving form N13, the tenant may decide to move out earlier by giving the landlord at least ten calendar days written notice. 

The tenant must give notice in writing of their intent to re-occupy the rental unit before they move out of the unit.

Section 52 of the RTA may require the landlord to provide compensation to the tenant.

N1- Notice of Rent Increase (Guideline Increase) 

​There are important things to consider when serving a Form N1 to your tenant:

This notice can only be served to the tenant once every 12 months;
You can only increase by the approved guideline, unless you obtain special permission from the Landlord and Tenant Board to increase by a higher amount;
Do not round up! Use the exact amount calculated or round down. Rounding up would mean an illegal rent increase; and
Make sure to serve the notice properly so that you don’t waste time.

​​According to the Residential Tenancies Act, rent is an amount of money given to a landlord or landlord’s agent in exchange for the right to occupy the rental unit, and a tenant is a person who pays rent for the right to occupy the unit.
Rent increases cannot be done because the tenant brought another person into the unit. Under the Residential Tenancies Act, tenants are allowed to have other people live with them and they do not have to get the landlord’s permission.
Rent can be increased by the annual guideline amount every 12 months, after providing the tenant with the proper 90-day notice.
If you don’t provide your tenant with a rent increase every 12 months, you forfeit the increase.  You are not allowed to back track and collect on missed increases.
Permission is not needed from the landlord and tenant board when doing an increase by the guideline amount.  But make sure to follow the rules and use the proper N1 notice.

When calculating the increase amount, simply take the monthly rent and multiply it by the appropriate guideline percentage. 
An example with a $1200 monthly rent shows the allowable increase at 2.5% is $30.00.  When serving the N1 form, the new rent amount can be listed as $1230.00. 

When listing the tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent. As well as their address, even though it may seem to be repetitive.
If your tenant uses a nickname, include both their legal name and their nickname (see the example with Jonathan Smith).
If you have a joint tenancy (2 or more tenants together on one agreement) make sure to include all their names.
The same applies with landlords, include the full name and address of all he landlords for a rental unit.
It is very important for the address of the rental unit to include the full address and specify exactly where the tenant is living.

The explanation section of the notice is used to inform the tenant that the increase is based on the allowable amount for the year. It indicates the amount of the increase and the percentage that was used to calculate it.

Always make sure to read and understand the entire notice before serving it to your tenant.  This is a legal document and it should be reviewed before you sign it.

If there are multiple landlords, only one of them needs to sign the notice.
The date next to the signature is the date the notice will be given or sent to the tenant.
Review the notice to make sure there are no mistakes, that you understand what you are giving to the tenant and keep a copy for yourself.
If there are multiple tenants, make a photocopy for each.
The notice should be signed by the landlord unless the landlord has hired a lawyer or paralegal to be their representative, and they are serving the notice on the landlord’s behalf.

Make sure to deliver the notice to the tenant according to the Landlord and Tenant Board Rules.
Improper service will result in you having to start the process all over again.
The most common methods of service are: delivery in person to the tenant, sliding it underneath the unit door, or putting it in the mailbox (as long as you do not require a key to access the mailbox).
Never post this notice on the unit door, or send it by text message, as these are improper service methods and will make the notice invalid.

Consent to Service by Email
As of December 15, 2018, landlords and tenants can agree to service by email. 
While it is not mandatory to use this form, it is suggested that you document the agreement with your tenant using this form in order to obtain all the required information.
It is important to note that consent can be revoked at any time, by the landlord or tenant, as long as it is done in writing.

If the notice is not followed and the tenant continues paying the old rent amount, the landlord may have to serve the N4 notice for non-payment of rent and go through that termination process.  Refer to the N4 module for more information about filling out and serving notice for non-payment of rent.

If the tenant decides to move out of the rental unit instead of paying the new rent amount, they should provide Form N9 (Tenant’s Notice to End the Tenancy) with at least 60 days’ notice before the end of lease or rent period.  If the landlord agrees to an earlier termination, Form N11 (Agreement to End the Tenancy) can be signed between the parties instead.