Reasons for Terminating a Tenancy By a LandlordNotice to Terminate a Tenancy Early (Form N5)...

Ontario Rental Housing Tribunal

Revised: April 23, 2003

Reasons for Terminating a TenancyBy a Landlord

This guide explains how and when a landlord may: C Give a Notice to Terminate a Tenancy C Apply to the Tribunal for an Order to terminate a tenancy

You may wish to read these related guides: C Terminating a Tenancy C Termination of Tenancy By a Tenant C Terminating a Tenancy in a Care Home

For more information: 416 - 645-8080 1 - 888 - 332-3234 www.orht.gov.on.ca

Note: All of the reasons listed above may also be reasons for termination of tenancy in a care home.

Table of Contents

Reason Page

Abandoned rental unit 14Agreement to Terminate 15Breach of Order or 15 Mediated SettlementCease to qualify for 6 subsidized housingChange of use 10Damage 4Demolition 9Employment terminated 7Illegal act or business (drugs) 2Illegal act or business (other) 4Impairing safety 2Interference with enjoyment 3 or other right

Reason

Page

Misrepresenting income 5Non-payment of rent 1Overcrowding 5Persistent late payment of rent 6Personal use by landlord 8Personal use by purchaser 8Pets 2, 3Purchase of condominium 7Repairs or renovations 11, 12Superintendent’s unit 14Subtenant stays longer 13Tenant gave Notice to Terminate 15Unauthorized occupant 13

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For the following reason, a landlord must give a tenant not less than 7 days notice (for a daily or weekly tenant) or 14 days notice (all other tenants):

Reason Notice form required Landlord application Tenant remedy

A tenant has not paidtheir rent

Notice to Terminate Earlyfor Non-Payment of Rent(Form N4)

Application to Terminatea Tenancy for Non-Payment of Rent and forCollection of Arrears ofRent (Form L1)

There is no deadline formaking the application.

The tenant may void thenotice and stay in therental unit by paying thefull rent owed, plus anynew rent that has comedue, by the end of thetermination date shown inthe landlord’s Notice toTerminate.

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For the following reason, a landlord must give a tenant not less than 10 days notice:


An act or omission of atenant or their guestseriously impaired thesafety of another personin the rental property. Pets: This may includekeeping an animal thathas threatened a person,or that is a dangerousspecies or breed ofanimal.

Notice to Terminate aTenancy Early forImpaired Safety (Form N7)

Application to Terminatea Tenancy and Evict aTenant (Form L2)

The application must bemade no later than 30days after the terminationdate in the Notice.

The tenant may disputethe landlord’s application.

A tenant or their guestcommitted an illegal actor carried on an illegalbusiness, in the rentalproperty involving theproduction of ortrafficking in an illegaldrug, or possession of anillegal drug for thepurposes of trafficking

Notice to Terminate aTenancy Early, IllegalAct or Misrepresentationof Income (Form N6)


The application must bemade no later than 30days after the terminationdate shown in the Notice.

The tenant may disputethe application.

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For the following reasons, a landlord must give a tenant not less than 20 days notice:


The actions or conduct ofa tenant or their guestseriously interfered withthe reasonable enjoymentof another tenant or thelandlord, or interferedwith a lawful right,privilege or interest ofanother tenant or thelandlord. Pets: This mayinclude keeping an animalin a rental unit that hasdisturbed another tenantor the landlord, or that hascaused a serious allergicreaction in anotherperson, or that is adangerous species orbreed of animal.

Notice to Terminate aTenancy Early (Form N5)



The tenant may void thenotice and stay in therental unit if they stop theactivity within 7 days.


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A tenant or their guestcaused undue damage tothe rental unit or property




The tenant may void thenotice and stay in therental unit if they repairthe damage or pay thecost of repair to thelandlord within 7 days.


A tenant or their guestcommitted an illegal actor carried on an illegalbusiness, in the rentalproperty

Notice to Terminate aTenancy Early, Illegal Actor Misrepresentation ofIncome (Form N6)




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Overcrowding: A tenantlet more people live in therental unit than is allowedby local bylaws




The tenant may void thenotice and stay in therental unit by reducing thenumber of occupants tothe limit allowed by localbylaws.


A rent geared-to-incometenant misrepresentedtheir income or theincome of a familymember

Notice to Terminate aTenancy Early, Illegal Actor Misrepresentation ofIncome (Form N6)




Important A tenant who receives a notice for damage, interference with enjoyment, or overcrowding, can avoid termination byNote resolving the problem within 7 days. If, within the next 6 months, the tenant repeats any of these things, or

misrepresents his or her income, or carries on an illegal business or commits an illegal act (except for the drug-related acts discussed on Page 2), the landlord may give a 14- day notice to terminate and apply to the Tribunal rightaway. The tenant may dispute the application.

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For the following reasons, a landlord must give a tenant not less than 28 days notice (for a daily or weeklytenant) or 60 days notice (all other tenants). If a tenant and landlord have a fixed term lease, the termination

date cannot be earlier than the end of the fixed term.


A tenant has beenpersistently late payingthe rent

Notice to Terminate aTenancy at the End of aTerm (Form N8)


The application must bemade no later than 30days after the terminationdate shown in the Notice

The tenant may disputethe application

A tenant no longerqualifies for an assisted orsubsidized rental unit





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Continued: 28 days or 60 days notice, no earlier than end of term for fixed-term tenancy:

A tenant occupies aproposed condominiumunit under an Agreementof Purchase and Sale, andthe agreement has beenterminated





A tenant occupied a rentalunit in connection withtheir employment, and theemployment has beenterminated (Note: Thisreason does not includeemployment as a janitor,superintendent, caretaker,manager, or securityguard of a rental property. Termination of tenancy inrelation to theseemployees is discussed onPage 14).





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For the following reasons, a landlord must give a tenant not less than 60 days notice. If a tenant and landlordhave a fixed term lease, the termination date cannot be earlier than the end of the fixed term.


A landlord requires therental unit for use as theirown personal residence,or as the residence of theirspouse or same-sexpartner, or for a child orparent of the landlord,their spouse or same-sexpartner

Notice to Terminate aTenancy at the End of theTerm for Landlord’s orPurchaser’s Own Use(Form N12)



The tenant may disputethe application, or moveout of the unit at an earlierdate with at least 10 dayswritten notice to thelandlord

A landlord has agreed tosell the rental property,and the purchaser requiresthe rental unit for use astheir own personalresidence, or as theresidence of their spouseor same-sex partner, or fora child or parent of thelandlord, their spouse orsame-sex partner

Notice to Terminate aTenancy at the End of theTerm for Landlord’s orPurchaser’s Own use(Form N12)



The tenant may disputethe application, or moveout of the unit at an earlierdate with at least 10 dayswritten notice to thelandlord

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For the following reasons, a landlord must give a tenant not less than 120 days notice, or not less than oneyear’s notice for a site in a mobile home park or land lease community where the tenant owns the home on the

site. If there is a fixed term lease, the termination date cannot be earlier than the end of the fixed term.


A rental unit is to be demolished

Notice to Terminate aTenancy at the End of theTerm for Conversion,Demolition or Repairs(Form N13)



The tenant may disputethe application, or moveout of the unit at an earlierdate with at least 10 dayswritten notice to thelandlord.

If the property has 5 ormore units, anddemolition was notordered under anotherAct, the landlord mustprovide another rental acceptable to the tenant,or pay 3 months rentcompensation

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Continued: 120 days or one year’s notice, no earlier than end of term for fixed term tenancy:


The rental unit will nolonger be used forresidential purposes




The tenant may disputethe application, or moveout of the unit at an earlierdate with at least 10 dayswritten notice to thelandlord.

If the property has 5 ormore rental units, thelandlord must provide another rental unitacceptable to the tenant,or pay compensation of 3months rent.

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Continued: 120 days or one year’s notice, no earlier than end of term for fixed term tenancy:


Major repairs orrenovations are plannedfor a rental unit whichrequire a municipalbuilding permit, and thatthe unit be vacant duringthe work

Note: If the property has5 or more residentialunits, see the next page(Page 12).




The tenant may disputethe application, or moveout on an earlier date bygiving the landlord atleast 10 days notice inwriting, whether or notthey exercise their right tore-occupy the unit whenthe work is done.

Note: If the property has5 or more residentialunits, see the next page(Page 12) for furtherremedies of the tenant.

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Continued: 120 days or one year’s notice; no earlier than end of term for fixed term tenancy:


Major repairs orrenovations which requirea municipal buildingpermit and that the unit bevacant during the work,where the property has 5or more residential units




If the tenant chooses tonot re-occupy the unitwhen the work is done,and the work was notordered under anotherAct, they are entitled to adifferent rental unit fromthe landlord acceptable tothe tenant, or 3 monthsrent compensation.

If the tenant chooses to re-occupy the unit when thework is done, they areentitled to compensationequal to the rent thatwould have been paidwhile the work was done,to a maximum of 3 monthsrent.

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For the following reasons, a landlord may apply without giving a Notice to Terminate a Tenancy. However, thelandlord must give a copy of the application to the persons affected by it. A hearing will be scheduled, but an

order could be issued without a hearing if there is no dispute filed.

Reason Landlord application Occupant remedy

A tenant assigned or sublet a rentalunit to another person without theconsent of the landlord

Application About a Sublet orAssignment (Form A2) to evict the“unauthorized occupant” from therental unit

The application must be made nolater than 60 days after the landlorddiscovered the unauthorizedoccupant is living in the rental unit.

The occupant may dispute theapplication.

A tenant sublet their rental unit to asubtenant who has stayed longerthan the period of time agreed tobetween the tenant and thesubtenant

Application About a Sublet orAssignment (Form A2) to evict thesubtenant

The application must be made nolater than 60 days after the agreedsubtenancy period ended.

The subtenant may dispute theapplication.

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Continued: Notice to Terminate not required, but landlord must give copy of application to persons affected. Hearing will be scheduled but order could be issued without a hearing if no dispute filed:

Reason Landlord application Tenant remedy

A tenant who occupies a rental unitas manager, janitor, superintendentor security guard of a building orcomplex did not vacate the unit, atthe landlord’s request, within 7days after termination of theiremployment

Application to Terminate aTenancy and Evict a Tenant (Form L2)

The application cannot be madeearlier than 7 days after theemployment was terminated.

The tenant may dispute theapplication.

The landlord believes a tenant hasabandoned a rental unit (Note: TheTribunal will not consider a rentalunit to be abandoned if the tenant isnot in arrears of rent)

Application to Terminate aTenancy and Evict a Tenant (Form L2)

There is no deadline for making theapplication.

Although the unit may appear to beabandoned, the landlord mustattempt to serve the tenant with acopy of the application and theNotice of Hearing.

The tenant may dispute theapplication.

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For the following reasons, a landlord may apply to the Tribunal without giving a Notice to Terminate aTenancy or a copy of the application, to the tenant. An order could be issued without a hearing:

Reason Landlord application Tenant remedy

A tenant had given their landlord aNotice to Terminate a Tenancy, ormade an Agreement to Terminatewith the landlord

Application to Terminate aTenancy, Tenant Gave Notice orAgreed to Terminate the Tenancy(Form L3)

The application must be made nolater than 30 days after thetermination date shown in thetenant’s Notice or the Agreement.

If an order is issued evicting thetenant without a hearing, he or shemay make a Motion to Set Asidethe order.

The motion must be made within10 days after the order was issued.

A tenant breached the conditions ofa Tribunal order or mediatedsettlement, and the Order orsettlement allows the landlord toapply for termination of the tenancyif a breach occurs

Application to Terminate aTenancy, Tenant Failed to MeetConditions of a Settlement or Order(Form L4)

The application must be made nolater than 30 days after the breachof the Order or settlement.

If an order is issued evicting thetenant without a hearing, he or shemay make a Motion to Set Asidethe order.

The motion must be made within10 days after the order was issued.

Reasons for Terminating a Tenancy By a LandlordNotice to Terminate a Tenancy Early (Form N5)...

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