Landlord and Tenant Issues

How does an N5 notice work, and can a tenant fix the problem within seven days?

Last updated October 7, 2026.

An N5 is a landlord's notice to end a tenancy because the tenant, a guest or another occupant substantially interfered with others, wilfully or negligently damaged the property, or overcrowded the unit. A first N5 must give at least 20 days, and the tenant can void it by stopping the conduct, or repairing or paying for the damage, within seven days. A second N5 within six months gives at least 14 days and cannot be voided.

That seven-day window is the part many tenants miss, and the part many landlords handle poorly. Whether you received an N5 or are thinking of serving one, our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal in Hamilton, works on Landlord and Tenant Board (LTB) cases like this.

How does an N5 work, step by step?

The rules come from sections 62, 64, 67, 68, 69, 70 and 83 of the Residential Tenancies Act, 2006 and the LTB's N5 and L2 instructions, both updated on September 21, 2026.

1. Something happens that fits one of three grounds. The tenant, another occupant or someone the tenant lets in wilfully or negligently causes undue damage (s. 62(1)); their conduct substantially interferes with the reasonable enjoyment of the building by the landlord or another tenant, or with another lawful right of the landlord or another tenant (s. 64(1)); or the number of people living in the unit breaks health, safety or housing standards (s. 67(1)).
2. The landlord fills in the current N5. The LTB replaced the N5 on September 21, 2026 and will not accept older versions after November 30, 2026. The landlord must describe what happened, as specifically as possible: who did it, the dates and times, and who was affected. For damage, the notice states the cost to repair, or to replace if repair is not reasonable. For overcrowding, it names the law or by-law and the maximum number allowed. A first N5 must also say what the tenant has to do to void it.
3. The landlord sets the termination date. On a first N5 it must be at least 20 days after the notice is given (ss. 62(2), 64(2), 67(2)). The LTB says not to count the day of service, and to add five days if the notice is mailed and one business day if it goes by courier.
4. The landlord serves it. By hand to the tenant or an adult in the unit, in the mailbox, under the door or through a mail slot, by fax, courier or mail. Not by posting it on the door.
5. The seven-day remedy period runs. The notice is void if, within seven days after receiving it, the tenant stops the conduct or corrects the omission (s. 64(3)), repairs or replaces the damaged property or pays the reasonable cost, or makes arrangements satisfactory to the landlord to do so (s. 62(3)), or reduces the number of occupants enough (s. 67(3)). The landlord cannot apply to the Board during those seven days (s. 70).
6. If the notice is not voided, the landlord can apply. The LTB says the landlord can file an L2 starting on the 8th day after giving the notice, and no later than 30 days after the termination date (s. 69(2)). The fee is $201, or $186 through the Tribunals Ontario Portal, and the landlord files a copy of the notice and a certificate of service.
7. A second N5, if the problem comes back. If, more than seven days but less than six months after a first N5 was given, there is new conduct that is again grounds for a notice, the landlord can give a second notice under section 68. It needs at least 14 days (s. 68(2)), it cannot be voided, and the landlord can apply right away, attaching a copy of the first N5 and its certificate of service.
8. The hearing. The landlord must prove the conduct and, where it is disputed, that the tenant did not void the first notice. Even if the landlord proves the case, the Board must consider whether to refuse or delay the eviction (s. 83). Since September 21, 2026, for an N5 the Board can delay enforcement without the landlord's consent only if a delay would not be unfair to the landlord or other tenants and there are compelling grounds (O. Reg. 516/06, s. 8.4).
9. After the order. An eviction order cannot take effect before the termination date in the notice (s. 80(1)), and only the sheriff can carry it out. Either side can ask the LTB to review an order within 15 days of when it was issued (s. 209(3)).

For how long this route usually takes from notice to enforcement, see how long an eviction takes in Ontario.

Every one of these applications must still be filed no later than 30 days after the termination date in the notice (s. 69(2)).

What counts as voiding the notice?

For interference, the tenant must stop the conduct or activity, or correct the omission, described in the notice. For damage, the tenant has three options within the seven days: repair or replace the item, pay the landlord the reasonable cost stated in the notice, or make arrangements the landlord agrees to, such as a written payment plan. For overcrowding, enough people must move out to meet the standard named in the notice.

Voiding happens by law, not by the landlord's say-so. If the landlord files anyway and the tenant says the problem was fixed in time, the Board decides that at the hearing, so proof matters: receipts, photos of the repair, a dated message to the landlord, or a neighbour's confirmation that the noise stopped.

What changes the answer?

• Wilful damage. If the landlord can prove the damage was deliberate, section 63 allows an N7 with 10 days' notice and no chance to void. The LTB tells landlords who are unsure they can prove it was wilful to use the N5.
• A landlord living in a small building. Where the landlord lives in a building with three or fewer units, interference with the landlord can support an N7 under section 65 instead.
• Animals. A no-pet clause in a lease is void (s. 14). When an N5 for interference is based on an animal, the Board can evict only if it finds the animal's species has substantially interfered with others, caused a serious allergic reaction, or is inherently dangerous (s. 76). See pets and no-pet clauses in Ontario rentals.
• The timing of a second notice. New conduct inside the first seven days, or six months or more after the first N5, does not support a section 68 notice. The landlord would start again with a fresh first N5.
• Late rent is a different notice. Paying late is not an N5 ground; it is handled by an N4 for arrears or an N8 for persistent late payment. See how an N8 for persistent late payment works.
• The landlord's own conduct. The Board must refuse an eviction if the landlord is in serious breach of their obligations, or if the application was brought because the tenant tried to enforce their rights or complained to a government authority (s. 83(3)). If it is the landlord interfering with you, the tenant's route is a T2; see how a T2 for harassment or interference works.
• Money for the damage. Separately from eviction, a landlord can apply for the reasonable cost of repairing undue damage while the tenant lives there or up to one year after they leave (s. 89).

A worked example

For example, imagine a Hamilton tenant named Sam whose downstairs neighbours complain about loud parties after midnight on September 26 and October 3, 2026. The landlord hands Sam a first N5 on October 5 describing both nights, with a termination date of October 25, which is 20 days later. The notice says that to void it, the late-night parties must stop.

Sam stops the parties, and nothing happens in the seven days to October 12, so the notice is void and the landlord cannot apply on it. On November 20 there is another loud party past midnight. That is more than seven days and less than six months after October 5, so the landlord can give a second N5 with a termination date at least 14 days away, December 4 or later, and can file an L2 right away. Sam cannot void this one. At the hearing, Sam can still dispute what happened and ask the Board to consider relief from eviction.

Now change the facts: Sam's guest breaks the building's entry door, and the first N5 states a repair cost of $600. If Sam pays the $600 within seven days, or the landlord agrees in writing to a payment plan, the notice is void. This is a made-up example to show the timing, not a real case.

What mistakes do tenants and landlords make with an N5?

• Tenants ignoring the first notice. The seven days are the cheapest way out. Fix the problem and keep proof of it.
• Tenants arguing instead of fixing. You can dispute the facts at a hearing and still stop the conduct now. Doing both protects you if the Board believes the landlord.
• Landlords filing during the seven days. Section 70 bars an application before the remedy period ends.
• Vague notices. A notice without dates, times and details gives the tenant nothing concrete to fix, and the LTB tells landlords to be as specific as possible.
• Using a second N5 at the wrong time. It only works for new grounds more than seven days and less than six months after the first notice, and the L2 must include the first N5 and its certificate of service.
• Missing the 30-day filing deadline. An L2 filed more than 30 days after the termination date is too late (s. 69(2)).

What to do this week

1. Tenants: write down the date you received the N5 and how, then count seven days from that date.
2. Read the details section and the "what you must do" part closely, and do it within the seven days.
3. Keep proof: receipts, photos, a dated email or text telling the landlord what you did.
4. If the notice claims damage you think is overstated, pay or repair what is fair, or propose a written arrangement and ask the landlord to agree to it.
5. Landlords: describe each incident with dates, times and who was affected, and keep the certificate of service.
6. Landlords: diarize the 8th day, the termination date and the 30-day filing deadline after it.
7. Both sides: consider whether a settlement makes sense; see how mediation at the LTB works. If it goes to a hearing, read our article on preparing for an LTB hearing.

Frequently asked questions

Do I have to move out because I got an N5?

No. An N5 is a notice, not an order. If the notice is not voided, the landlord must still file an L2 and win at a hearing, and only the sheriff can enforce an eviction order.

Who decides whether I fixed the problem in time?

If you and the landlord disagree, the Board decides at the hearing based on the evidence. That is why dated proof of what you did within the seven days matters.

My guest caused the problem, not me. Does that count?

Yes. Sections 62 and 64 cover conduct and damage by the tenant, another occupant of the unit, or a person the tenant permitted in the building. The good news is that you can void a first notice by making sure it stops or by fixing the damage.

Can the landlord give me a second N5 for something different?

Section 68 allows a second notice for new conduct that is grounds under sections 60, 61, 62, 64 or 67, not only a repeat of the same problem, as long as it happens more than seven days and less than six months after the first N5.

If I void the N5, can the landlord still make me pay for the damage?

If you voided it by paying or repairing, the damage has been dealt with. If you did not, the landlord can apply for reasonable repair costs under section 89, including within one year after you move out.

Can the Board refuse to evict even if the landlord proves the N5?

Yes. Section 83 requires the Board to consider all the circumstances and whether refusing or delaying the eviction is appropriate. Delays for an N5 now need either the landlord's consent or compelling grounds where a delay would not be unfair to the landlord or other tenants.

What if I disagree with the LTB's order?

You can request a review within 15 days of the order in limited situations; see what to do if you disagree with an LTB order. An appeal on a question of law goes to the Divisional Court within 30 days (s. 210), and that step is in the Divisional Court, where you would need a lawyer.

Sources

• Residential Tenancies Act, 2006, ss. 14, 62 to 70, 76, 80, 83, 89, 209, 210 (Ontario e-Laws, current consolidation)
• O. Reg. 516/06, s. 8.4: postponing an eviction order (Ontario e-Laws)
• LTB Instructions: N5 Notice (updated September 21, 2026)
• LTB Instructions: L2 Application (updated September 21, 2026)
• Tribunals Ontario: Legislative Changes at the LTB, effective September 21, 2026
• LTB Interpretation Guideline 7: Relief from Eviction
• LTB Interpretation Guideline 8: Review of an Order
• Tribunals Ontario: LTB forms, filing and fees

Facing a landlord-tenant issue? Contact us today for assistance.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.