The N5 Notice to End a Tenancy Early for Interfering with Others, Damage or Overcrowding is the Ontario LTB form landlords use when a tenant's behaviour is causing problems — noise complaints, property damage, harassment of neighbours, overcrowding, or similar issues. Unlike the N4 (which is for non-payment of rent), the N5 addresses conduct that violates the tenant's obligations under Ontario's Residential Tenancies Act.
The N5 has a key feature: the first one is voidable. The tenant has 7 days to correct the problem and, if they do, the notice is void. But if the same behaviour continues and you serve a second N5 within six months, it is not voidable — you can file at the Landlord and Tenant Board immediately.
For landlords in London, St. Thomas, Strathroy, and across Ontario, the N5 is one of the most misunderstood and misused notices. Here's how to use it correctly.
What Situations Call for an N5?
Section 64 of the Residential Tenancies Act allows a landlord to give an N5 notice when the tenant, a person they permitted into the unit, or someone living with them has:
- Substantially interfered with reasonable enjoyment of the rental complex or any other unit — this includes excessive noise, disruptive parties, aggressive behaviour toward neighbours, and similar conduct
- Substantially interfered with the lawful rights, privileges, or interests of the landlord or another tenant
- Willfully or negligently caused undue damage to the rental unit or the property
- Created overcrowding in the unit in violation of health, safety, or housing standards
Section 61 covers a separate but related ground: illegal acts or misrepresentation of income. If a tenant is running an illegal operation out of your property or has committed an illegal act that has affected the landlord, another tenant, or the unit, you can use the N5 under Section 61 — or in some cases, issue an N6.
The N5 is not the right tool for non-payment of rent (that's the N4) or for situations where you want to end the tenancy for your own purposes (those use different forms like the N12 or N13). Use the N5 specifically when the tenant's behaviour is the issue.
The First N5: Voidable
The first N5 you serve gives the tenant a chance to fix the problem. Under Section 64(3) of the RTA, the notice is void if the tenant stops the conduct within 7 days of being served.
That means: if you serve an N5 about noise, and the tenant quiets down and the problem stops for the next 7 days, you cannot proceed with an L2 application based on that notice. The matter is resolved — for now.
This voidable period is both the weakness and the purpose of the first N5. It gives the tenant an opportunity to correct their behaviour before facing eviction proceedings. It also gives you documentation: a paper trail showing that the behaviour occurred, that you addressed it formally, and that the tenant was put on notice.
If the behaviour continues during those 7 days, or resumes shortly after — even if the tenant technically "fixes" it within the window — you have grounds to serve a second N5.
The Second N5: Not Voidable
If the same or similar behaviour recurs within six months of the first N5, you can serve a second N5. This one is not voidable.
Under Section 68 of the RTA, if a landlord gave a first N5 and the tenant voided it or it expired, and then the same conduct occurs again within six months, the landlord can serve a new notice. This second notice does not give the tenant a chance to fix the problem — you can file an L2 application (Application to End a Tenancy and Evict a Tenant) at the Landlord and Tenant Board immediately after serving it.
The six-month clock starts from the date of the first N5. Keep a copy of every N5 you serve, with the date and method of service documented.
How to Fill Out the N5 Correctly
The N5 form is available from the LTB or through the Tribunals Ontario portal. Here's what each section requires:
Section 1 — Tenant and property information Full legal names of all tenants on the lease, the full rental unit address, and your name and contact information.
Section 2 — Reason for the notice You must select the applicable ground — Section 64 (interference/damage/overcrowding) or Section 61 (illegal acts). Most behaviour-related N5 notices fall under Section 64.
Section 3 — Details of the problem This is critical. You must describe the specific conduct — what happened, when it happened, and how it affected others or the property. Be specific and factual. "Tenant is noisy" is not sufficient. "On April 15, 2026 at approximately 11:30 p.m., the tenant hosted a party that generated complaints from two other units. Complainants described loud music and shouting. Similar incidents occurred on March 28 and April 3" — that's the kind of detail the LTB expects.
Include dates, times, and the names or unit numbers of affected neighbours where possible.
Section 4 — For damage claims: amount If the N5 includes property damage, you must state the dollar amount of the damage in the notice. This amount is what the tenant can pay (along with stopping the behaviour) within the 7-day voiding period.
Section 5 — Termination date For a first N5, the termination date must be at least 20 days after service. For a second N5 (not voidable), the minimum is still 20 days — but you can file the L2 application right away rather than waiting for the termination date.
Signature Sign and date the notice. If Prospera Properties is managing the property, we execute this on the landlord's behalf as authorized agent.
How to Serve the N5
The same service rules that apply to the N4 apply to the N5. Acceptable methods under the RTA:
- In person — hand it directly to the tenant
- Under the door — of the rental unit, not a common area
- By mail — first-class mail to the rental unit address; allow 5 extra days for mailing
- Email or fax — only if the tenant has provided written consent to electronic service
Document the date, time, and method of service. You will need this information if you later file an L2 application.
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Step-by-Step: Using the N5 Effectively
Here is the recommended process from first complaint to LTB hearing.
Document the behaviour before serving any notice. Collect written complaints from affected neighbours, photos of damage, police call records, bylaw officer reports, or any other objective evidence. The more documentation you have, the stronger your LTB application will be.
Communicate with the tenant informally first (optional but often smart). Many behaviour problems — especially noise — can be resolved with a conversation or a written warning before escalating to a formal notice. If the problem resolves, you've saved everyone time. If it doesn't, the written warning adds to your paper trail.
Fill out the N5 accurately. Identify the correct legal ground, describe the specific incidents with dates and times, and include the correct termination date.
Serve the N5 using a valid method. Document the service.
During the 7-day voiding period (first N5 only), monitor the situation. If the behaviour stops completely, the notice is void. Note that resolution in your records anyway — you'll need it if the behaviour resurfaces.
If the behaviour continues during the 7-day period, you can file an L2 application immediately after the voiding period expires. You do not need to wait for the termination date.
If the tenant voids the first N5 but the behaviour resumes within 6 months, serve a second N5. File the L2 at the LTB the same day or shortly after — the second N5 is not voidable.
Prepare your LTB file. For the L2 application, you'll need: the N5 (first and second if applicable), proof of service, and all documentation of the behaviour (complaints, photos, logs, police records).
Attend the hearing. Present your evidence clearly. The LTB adjudicator will determine whether the conduct meets the threshold for eviction. Be specific and factual — general statements that the tenant is a "bad neighbour" carry little weight. Specific dates and documented incidents do.
What Happens at the LTB Hearing
At an L2 hearing for an N5-based application, the LTB adjudicator will want to see:
- That the N5 was properly filled out and correctly served
- That the conduct described actually occurred — with evidence
- That the conduct meets the legal threshold (substantial interference, undue damage, etc.)
- Whether there are any mitigating circumstances
If the N5 was based on property damage, the adjudicator can award you compensation for the damage as part of the order. If the eviction is granted, the order typically gives the tenant 11 days to vacate — though the adjudicator has discretion to delay the eviction in appropriate circumstances.
In London, St. Thomas, and Strathroy, wait times for LTB hearings vary. File your L2 application promptly to get into the queue.
Common N5 Mistakes to Avoid
- Vague descriptions on the form. "Tenant is causing problems" is not sufficient. The LTB requires specific facts: dates, times, incidents, and their effect on others.
- Serving the second N5 more than 6 months after the first. If more than 6 months have passed, the second N5 loses its "not voidable" status. You would need to start a new cycle with a fresh first N5.
- Filing the L2 before the first N5 voiding period expires. If you file at the LTB before the 7-day window is up on a first N5, your application may be dismissed.
- Using the N5 for non-payment situations. Rent arrears require an N4 and L1, not an N5.
- No documentation. The strength of an N5 application rises and falls on your evidence. Without neighbour complaints, photos, police reports, or other objective documentation, an adjudicator may find that the conduct hasn't been proven.
SOCIAL CAPTION
Ontario landlords dealing with a problem tenant? The N5 notice is your legal tool — but there are rules that trip people up every time. Learn the first-vs-second N5 difference before you file anything. Link in bio.
Frequently Asked Questions
What is the difference between the N4 and N5 notice in Ontario? The N4 is for non-payment of rent. The N5 is for behaviour problems — noise, property damage, interference with other tenants or the landlord, or overcrowding. They are different notices for different situations and lead to different LTB applications (L1 for N4, L2 for N5).
How long does the tenant have to fix the problem after receiving a first N5? Seven days from the date of service. If the tenant completely stops the behaviour that led to the N5 within those 7 days, the notice is void and you cannot proceed to the LTB on that notice. If the behaviour continues or resumes within six months, you can serve a second N5, which is not voidable.
Can I serve an N5 for property damage? Yes. Willful or negligent damage that causes undue harm to the unit or property is a valid ground for an N5 under Section 64 of the RTA. If damage occurred, include the dollar amount of the damage on the form — the tenant can void the first N5 by repairing the damage or compensating you within the 7-day window.
What if the tenant fixes the problem but does it again five months later? As long as it's within six months of the first N5, you can serve a second N5. The second one is not voidable, and you can file an L2 application at the LTB immediately after serving it. Document the new incidents carefully.
What evidence do I need at an N5 LTB hearing? Written complaints from other tenants or neighbours (with dates and signatures), photos or video of damage or disturbances, police or bylaw officer call records, and any correspondence with the tenant about the behaviour. The more specific and objective your evidence, the stronger your case.
Can I serve both an N4 and N5 at the same time? Yes. If a tenant is both behind on rent and causing behaviour problems, you can serve both an N4 (for arrears) and an N5 (for conduct) simultaneously. You would then file both an L1 (rent arrears) and L2 (behaviour) application at the LTB, which may be heard together.
Need help with a problem tenant situation? Prospera Properties handles N5 notices and LTB applications for landlords across London, St. Thomas, and Strathroy. Get in touch at /contact or call (519) 697-1227.