N5 Form
N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding
- Reason 1: Interference with enjoyment or rights of others.
- Reason 2: Willful or negligent damage.
- Reason 3: Occupancy exceeding standards.
Step 1: Assessing the N5 Notice- Determine if this is the first N5 notice.
- If yes, set the termination date for 20 days after issuing the notice.
- If no, ensure that at least 7 days but no more than 6 months have passed since the previous notice. The termination date for the second notice must be at least 14 days after issuing the notice.
- Document specific allegations thoroughly, including interference with others, damages, or overcrowding. Provide detailed descriptions and estimated costs for repairs if applicable.
Step 2: Serving the N5 Notice
- Confirm if the tenant consents to email.
- If yes, email the documents followed by Canada Post next day delivery.
- If not, send only by Canada Post next day delivery.
- We recommend sending it both ways to ensure delivery.
- Complete the Certificate of Service to document when and how the notice was given.
- If the tenant does not rectify the issues within 7 days or if it’s the second N5 notice, proceed with the L2 FORM.
- We cannot wait longer than 30 days to evict the tenant after the termination date in either the first or second N5, or we would have to restart from step one.
Step 3: Pricing Explanation
- Our firm strongly believes in fixed fee rates for transparency and predictability.
- Clarify the fixed fee rates for the service.
- Prices do not include taxes and disbursements.
Step 4: Application Serving
- We do not charge for this step upfront as it may not be needed.
- If needed, serve the Application to End a Tenancy and Evict a Tenant (Form L2) within 30 days after the termination date.
- This step incurs a filing fee from the LTB of $186 plus taxes.
Step 5: Waiting for Hearing Date
- Once the application is filed, await a hearing date from the LTB.
Retainer:
- Our team is on standby and will have your retainer sent to you for signatures within 20 minutes.
What’s Next?
- Would you like to retain our services?
- If yes, we will send the retainer within 20 minutes.
- If no, we will send a recap email within 20 minutes.
- Our team is on standby and will have your retainer sent to you for signatures within 20 minutes.