N5 Notice (Damage/Interference)
Preparation of an N5 Notice to terminate tenancy for interference with reasonable enjoyment, damage, or overcrowding.
What is included
- Confirming which notice fits your situation
- Calculating the dates and any amounts the notice must show
- Drafting or checking the notice on the Board's current form
- Explaining how to serve it and keep proof of service
- Explaining what can happen after the notice
What is not included
- Board application fees, Court Enforcement Office (Sheriff) fees and other disbursements
- Hearing attendance when the service is for a notice or documents only
- Appeals to the Divisional Court, which only a lawyer may handle
- Extra hearing days or new applications beyond the one described
Who this service is for
- Landlords who need to serve a notice correctly
- Tenants who received a notice and want it checked
- Tenants who want to give proper notice to end their tenancy
Information to have ready
- 1The lease, including the start date, rent and rent period
- 2A rent ledger, for a notice about unpaid rent
- 3Dates and details of the events behind the notice
- 4For a notice about own use, the name and relationship of the person moving in
- 5For a notice about renovation or demolition, the plans and any permits
Frequently asked questions
How much does it cost?
The fee is $750 plus 13% HST ($847.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Does a notice end the tenancy by itself?
No. A tenant does not have to move out because of a landlord's notice; if the tenant stays, the landlord usually has to apply to the Board for an order.
What is an N11?
An N11 is a written agreement between a landlord and a tenant to end the tenancy on a set date. Both sides should sign it freely and understand what it means.
What if the notice has a mistake?
A notice with a wrong date, amount or missing information may be found invalid, which can mean starting over. That is why the details are checked before it is served.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the Board decides
- Notices and applications depend on accurate dates and information from you
- You must follow the Board's deadlines and orders
- Appeals of Board orders go to the Divisional Court, where only a lawyer may act, so for that step the firm only organizes the file and a summary and refers the appeal to an Ontario lawyer.
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