N11: An Agreement to End a Tenancy in Ontario
An N11 is a form a landlord and a tenant can sign when they both agree the tenancy will end on a set date. It avoids a hearing, but it is a binding agreement, so it is worth understanding before anyone signs.
- An N11 only works if both the landlord and the tenant agree and sign. A landlord cannot force a tenant to sign one.
- Once it is signed, the tenant is expected to move out by the date in the agreement.
- If the tenant does not leave, the landlord still needs an order from the Landlord and Tenant Board before the tenant can be evicted.
- An agreement to leave that a tenant is asked to sign as a condition of getting the rental in the first place is generally not valid.
What an N11 does
The N11 records that the landlord and tenant agree the tenancy ends on a particular date. It is not a notice from one side, so the landlord does not have to prove a ground for ending the tenancy, and the tenant is not giving the usual 60 days' notice.
- Both the landlord and the tenant (all tenants named on the lease) sign and date it.
- It states the date the tenancy will end, so check the date carefully.
- Each side should keep a signed copy.
- It is different from an N9, which is a tenant's own notice, and from the landlord's notices such as the N4, N12 or N13.
Before a tenant signs
- You do not have to agree, even if the landlord asks more than once.
- Make sure the date gives you real time to find another home.
- If money or other terms are part of the deal, such as moving costs or a rent-free period, get them in writing, with the amount and the date it will be paid.
- The compensation rules that come with an N12 or N13 notice belong to those notices. A voluntary agreement is a different route, so any payment has to be agreed in writing.
- Do not sign under pressure. An agreement obtained by threats or by misleading you can be challenged, but that is hard to prove afterwards.
Before a landlord asks
- Treat it as a genuine offer. Pressure, repeated visits or threats to get a signature can amount to harassment of the tenant under the Act.
- Use the official form, and make sure everyone who must sign has signed and dated it.
- Put any payment or other promise in writing, and keep your promise.
- Do not change the locks or remove belongings if the tenant stays past the date.
If the tenant does not leave
The landlord can apply to the LTB. An application based on a tenant's notice or agreement to end the tenancy (the L3) is often decided without a hearing, on the paperwork. A tenant who did not have a fair chance to respond can ask the LTB to set the order aside, but the time limit for that request is short, so act quickly.
Only the Court Enforcement Office (the Sheriff) can carry out an eviction, and only after an order. The landlord cannot do it personally.
Rent until the end date
The tenancy continues until the date in the agreement, so rent is still due and the landlord must still keep the unit in a good state of repair until then.
Common questions
Can a landlord make me sign an N11?
No. It only works if you agree. A landlord who pressures or threatens you to sign may be breaching the Act.
Can I change my mind after signing?
The agreement is generally binding. If you are having second thoughts, speak to the landlord and ask for a written cancellation, and get advice quickly.
Am I owed compensation for agreeing to leave?
Not automatically. Compensation is a matter of what you and the landlord agree, so get it in writing before you sign.
Who can help. Licensed paralegals can represent landlords and tenants at the Landlord and Tenant Board (LTB).
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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