Notice of Termination (N5) L2 Procedure

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Date Retrieved:	2025-09-18
CLNP Page ID:	2527
Page Categories:	[Interference of Reasonable Enjoyment (LTB)]
Citation:	Notice of Termination (N5) L2 Procedure, CLNP 2527, <https://rvt.link/gd>, retrieved on 2025-09-18
Editor:	Sharvey
Last Updated:	2025/09/17

Residential Tenancies Act, 2006

60 (1) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 2, 3 or 4 of subsection 7 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her household. 2006, c. 17, s. 60 (1); 2013, c. 3, s. 26.

(2) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than the 20th day after the notice is given. 2006, c. 17, s. 60 (2).

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61 (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or another occupant of the rental unit commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex. 2006, c. 17, s. 61 (1).

(2) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than,

(a) the 10th day after the notice is given, in the case of a notice grounded on an illegal act, trade, business or occupation involving,

(i) the production of an illegal drug,

(ii) the trafficking in an illegal drug, or

(iii) the possession of an illegal drug for the purposes of trafficking; or

(b) the 20th day after the notice is given, in all other cases. 2006, c. 17, s. 61 (2).

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62 (1) A landlord may give a tenant notice of termination of the tenancy if the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex. 2006, c. 17, s. 62 (1).

(2) A notice of termination under this section shall,

(a) provide a termination date not earlier than the 20th day after the notice is given;

(b) set out the grounds for termination; and

(c) require the tenant, within seven days,

(i) to repair the damaged property or pay to the landlord the reasonable costs of repairing the damaged property, or

(ii) to replace the damaged property or pay to the landlord the reasonable costs of replacing the damaged property, if it is not reasonable to repair the damaged property. 2006, c. 17, s. 62 (2).

(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, complies with the requirement referred to in clause (2) (c) or makes arrangements satisfactory to the landlord to comply with that requirement. 2006, c. 17, s. 62 (3).

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64 (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant. 2006, c. 17, s. 64 (1).

(2) A notice of termination under subsection (1) shall,

(a) provide a termination date not earlier than the 20th day after the notice is given;

(b) set out the grounds for termination; and

(c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice. 2006, c. 17, s. 64 (2).

(3) The notice of termination under subsection (1) is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. 2006, c. 17, s. 64 (3).

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67 (1) A landlord may give a tenant notice of termination of the tenancy if the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law. 2006, c. 17, s. 67 (1).

(2) A notice of termination under this section shall,

(a) provide a termination date not earlier than the 20th day after the notice is given;

(b) set out the details of the grounds for termination; and

(c) require the tenant, within seven days, to reduce the number of persons occupying the rental unit to comply with health, safety or housing standards required by law. 2006, c. 17, s. 67 (2).

(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the rental unit. 2006, c. 17, s. 67 (3).

68 (1) A landlord may give a tenant notice of termination of the tenancy if,

(a) a notice of termination was given to the tenant under section 62, 64 or 67; and

(b) more than seven days but less than six months after the notice mentioned in clause (a) was given to the tenant, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 60, 61, 62, 64 or 67, other than an activity, conduct or a situation that is described in subsection 61 (1) and that involves an illegal act, trade, business or occupation described in clause 61 (2) (a). 2006, c. 17, s. 68 (1); 2017, c. 13, s. 12.

(2) The notice under this section shall set out the date it is to be effective and that date shall not be earlier than the 14th day after the notice is given. 2006, c. 17, s. 68 (2).

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69 (1) A landlord may apply to the Board for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or the Tenant Protection Act, 1997. 2006, c. 17, s. 69 (1).

(2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice. 2006, c. 17, s. 69 (2).

O. Reg. 516/06: GENERAL under Residential Tenancies Act, 2006, S.O. 2006, c. 17

53. An application to the Board must be accompanied by the following information:

1. If the application is with respect to a notice of termination on any ground, a copy of the notice of termination and a certificate of service of the notice of termination, if notice was given by the landlord.

2. If the application is with respect to a notice of termination for demolition, conversion repair or severance, in addition to the information required by paragraph 1, evidence, where required, that the landlord paid the necessary compensation required under section 52, 54 or 55 of the Act or found acceptable alternative accommodation for the tenant.

3. If the application is with respect to a notice of termination due to a second contravention in six months, in addition to the information required by paragraph 1, a copy of the original notice of termination and a copy of the certificate of service of the original notice of termination.

4. If the application is made under section 77 of the Act with respect to an agreement to terminate the tenancy, a copy of the agreement.

5. If the application is with respect to a review of a work order under section 226 of the Act, a copy of the work order. O. Reg. 516/06, s. 53.

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59. (1) If the Board permits an application to be filed in an electronic format by electronic means, “sign” for the purposes of subsections 185 (1) and (2) and 186 (2) of the Act means to type one’s name on the application, and “signed” and “signs” have a corresponding meaning. O. Reg. 516/06, s. 59 (1).

(2) If the Board permits an application to be filed in an electronic format by electronic means, “shall be accompanied by the prescribed information” in subsection 185 (1) of the Act shall be interpreted as requiring the mailing, faxing or delivery of the prescribed information such that it is received by the Board, or is deemed under the Act to have been given to the Board, within five days following the day on which the application was filed electronically with the Board. O. Reg. 516/06, s. 59 (2).

CEL-60792-16 (Re), 2016 CanLII 88109 (ON LTB)

7. Section 68(1)(b) provides that a second N5 can only be served if the tenant has voided a first N5 served in accordance with section 64. In this case, the evidence of the Landlord demonstrates the Tenants failed to void the first N5 Notice.

Everett v Wilson, 2021 CanLII 138990 (ON LTB)

6. Thus, section 68(1) provides that a second, non-voidable N5 notice can only be served by a Landlord if a valid first N5 notice was served in the previous six months pursuant to section 62, 64 or 67 of the Act.

7. In this case the Landlord’s first N5 notice was invalid because it fails to meet the requirements of section 64(2)(a). Therefore, the Landlord was not entitled to serve a second, non-voidable N5 notice under section 68(1). As a result, the Landlords L2 application must be dismissed.

First Point Investment (Joe Morriello) v Dunlop, 2021 CanLII 146790 (ON LTB)

4. Thus, in order for the landlord to have the right to serve a second, non-voidable N5 under section 68(1), the Landlord must have served a valid first N5 notice under sections 62, 64, or 67 in the preceding six months.

5. The 1st N5 deemed served on the Tenant on July 13, 2019, with a termination date of August 3, 2019, alleges the Tenant was storing items in the rental complex’s laundry room creating, smoked in his unit, threw garbage about the property, damaged a fence, caused noise interfering with other tenants’ sleep, changed the lock on the laundry room and used two parking spot at once.

6. The Tenant’s Representative pointed out that Landlord filed a previous application on the basis of this N5 notice which was heard on its merits by Member Whitmore. That application was dismissed in order TSL-08211-19, issued on September 27, 2019. That order found that the Landlord’s evidence did not maker out a prima facie case for eviction on any of the claimed grounds.

7. A second Notice of Termination served pursuant to s. 68 (1) of the Act does not permit the Tenant an opportunity to void the notice and save the tenancy, and therefore can only be used after a valid first N5 was served. In this case, the Board has already determined that the allegations contained in the first N5 were not proven. I do not believe that it is the intent of the Act to allow a landlord to proceed with a non-voidable second notice in such circumstances. The allegations contained in non-voidable N5 with a termination date of February 1, 2020, should have instead been made in a voidable N5.

8. Accordingly, I find the second N5 Notice invalid and the application is dismissed.

280 Wellesley Residences v Shaffer, 2021 CanLII 145999 (ON LTB)

5. Based on the uncontested submissions regarding the Tenant’s continued conduct of either refusing entry to pest control technicians or not preparing the unit for treatments, I find on a balance of probabilities that the Tenant has substantially interfered with the reasonable enjoyment of the Landlord or another tenant. I made this determination orally at the hearing.

6. Because the Landlord served a second N5 notice on the Tenant, I deem the first N5 notice of termination voided by operation of law.

7. However, based on the reoccurrence of the same complained-about refusal of entry, and new incidents relating the Tenant not preparing the rental unit for pest control treatments, I am satisfied that the second N5 notice was served in accordance with subsection 68(1)(b) of the Residential Tenancies Act, 2006 (the ‘Act’), thus validating the L2 application. To be clear, my finding of substantial interference by the Tenant (in paragraph 5 above) is connected to the second N5 notice.

Lamirande v Ball, 2021 CanLII 139832 (ON LTB)

11. Based on the uncontested submissions, and on a balance of probabilities, I find that the Tenant effectively corrected the claimed problem within the 7-day period set out in the first N5 Notice of Termination, thus voiding the first N5 notice. I say this because the Landlords elected to serve a second N5 notice. By doing so, I view the first N5 as being deemed to be effectively voided, so that the Landlords must rely upon their claims in the second N5.

CEL-77154-18 (Re), 2018 CanLII 88705 (ON LTB)

17. Based on the totality of submission from both parties, I find on a balance of probabilities that the Tenant, another person living in the rental unit or someone who the Tenant permitted into the rental unit, has substantially interfered with the reasonable enjoyment of the Landlord or another tenant. I made this determination orally at the hearing.

18. While there are no other complainants, I find the testimonies of NK and RW were convincingly persuasive, and even NH’s testimony was able to confirm for me that she and her family members were playing video games late at night, and were screaming on one occasion. I am of the view that MH’s daughter, grandson and niece are the likely, but not necessarily the sole, causes of the undue noise that has come from the rental unit.

19. There was not enough information for me to determine whether the Tenant corrected the claimed problem within the 7-day time period set out in the first N5 Notice of Termination. However, I am satisfied that the second N5 notice was served in accordance with subsection 68(1)(b) of the Residential Tenancies Act, 2016 (the ‘Act’), thus validating the L2 application.

20. The Landlord’s representative reaffirmed the Landlord’s request for termination of the tenancy.

21. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction subject to the condition(s) set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act.