- An N5 is used when a tenant (or their guest) causes damage, substantially interferes with others' reasonable enjoyment, or overcrowds the unit.
- A first N5 gives the tenant 7 days to void it by fixing the problem or stopping the behaviour — if they do, the notice is cancelled.
- The termination date on a first N5 must be at least 20 days away.
- If a second N5 is given within 6 months for new conduct, it cannot be voided — and the landlord can apply to the Board sooner.
- Vague notices fail. An N5 must give specific details — dates, times, and exactly what happened.
The Short Answer
An N5 ends a tenancy for damage, substantial interference with others, or overcrowding. A first N5 gives the tenant a 7-day window to void it by fixing the problem, and its termination date must be at least 20 days out. A second N5 within six months cannot be voided and moves faster. The notice must be specific — vague N5s are routinely thrown out. Whether you are a landlord serving one or a tenant who received one, our landlord and tenant lawyers can make sure it is handled correctly.
What an N5 Covers
An N5 applies to three broad categories of conduct by the tenant, another occupant, or a guest:
- Damage to the rental unit or the residential complex
- Substantial interference with the reasonable enjoyment or lawful rights of the landlord or other tenants (for example, repeated excessive noise, harassment, or threats)
- Overcrowding — allowing more people to live in the unit than health, safety, or housing standards permit
The 7-Day Void Period
This is the feature that trips up landlords. A first N5 is voidable: the tenant has 7 days to stop the behaviour, repair the damage, or pay the reasonable cost of the repair. If they do, the N5 is automatically cancelled and cannot be used to evict. Only if the tenant fails to void it does the matter proceed.
A first N5 must set a termination date at least 20 days out, but the practical deadline for the tenant is the 7-day void period. Correcting the issue in that first week ends it.
The Second N5 Rule
If the tenant engages in further problematic conduct within six months of a first N5, the landlord may serve a second N5 — and this one is not voidable. The landlord can apply to the Board without giving another cure period. This escalation is what gives the N5 real teeth for persistent problems.
A second, non-voidable N5 only works if the first one was itself valid and properly served. Landlords who cut corners on the first notice often lose the benefit of the second.
Why Details Make or Break an N5
The most common reason an N5 fails is vagueness. “Noise” or “damage” is not enough. A valid N5 sets out specific dates, times, and descriptions — what happened, when, and how it interfered or what was damaged. The tenant must be able to understand precisely what they need to stop or repair to void the notice.
From Notice to Hearing
- Landlord serves a valid, detailed N5
- Tenant has 7 days to void a first N5 by curing the issue
- If not voided, the landlord applies to the Landlord and Tenant Board (an eviction application)
- Both sides present evidence at a hearing
- The Board decides whether to terminate, impose conditions, or dismiss
If You Received an N5
- Check whether it is a first (voidable) or second (non-voidable) N5
- If the allegations are accurate, fix the issue within 7 days to void a first N5
- If they are inaccurate or exaggerated, gather evidence (messages, recordings, witnesses)
- Do not ignore it — an unaddressed N5 can lead to an application and hearing
What Landlords Should Get Right
- Include specific dates, times, and descriptions — never vague generalities
- Set a termination date at least 20 days out on a first N5
- Serve the notice properly and keep proof of service
- Track the 6-month window carefully if a second N5 becomes necessary
Common Mistakes
An N5 without specific dates, times, and details is the number-one reason these notices are dismissed.
Landlords who apply before the 7-day cure period runs, or tenants who miss it, both lose ground.
A non-voidable second N5 fails if the first notice was defective.
Serving the notice incorrectly can invalidate the whole process — keep proof of how and when it was delivered.
Serving or facing an N5? Call our Toronto landlord and tenant team at 416-274-2222 for a free consultation.
Frequently Asked Questions
An N5 is the Landlord and Tenant Board form used to end a tenancy because the tenant, another occupant, or a guest has damaged the unit, substantially interfered with the reasonable enjoyment or lawful rights of the landlord or other tenants, or caused the unit to be overcrowded beyond legal limits.
A first N5 can be voided. The tenant has 7 days to correct the behaviour or repair the damage (or pay the reasonable cost of the repair). If they do, the N5 is cancelled and the tenancy continues as if it were never given.
The termination date on a first N5 must be at least 20 days after the notice is given. But because the tenant also gets a 7-day void period, correcting the issue within those first 7 days stops the process.
If the tenant engages in further problematic conduct within 6 months of a first N5, the landlord can give a second N5. A second N5 within that 6-month window cannot be voided by the tenant, and the landlord can apply to the Board more quickly — making it much more serious.
Common examples include damaging the unit or building, repeated excessive noise, threatening or harassing other tenants, allowing far too many people to live in the unit, or a guest causing similar problems. The interference generally has to be substantial, not trivial.
Usually because they are too vague. An N5 that just says “noise complaints” or “damage” without specific dates, times, and descriptions can be found invalid. The Board needs enough detail that the tenant knows exactly what they must stop or fix.
Read it carefully, note the 7-day void deadline, and if the allegations are accurate, consider fixing the issue within that window to void the notice. If the allegations are wrong or exaggerated, gather your own evidence — you can dispute it at the hearing if the landlord applies. Getting advice early helps.
No. Like other notices, an N5 is not an eviction order. If it is not voided and you do not leave, the landlord must apply to the Landlord and Tenant Board, and you can present your side at a hearing before any eviction order is made.