To legally evict a tenant in Ontario for damaging your property, you must serve an N5 Notice to Terminate a Tenancy. This notice gives the tenant a mandatory 7-day “voiding period” where they can cancel the eviction by repairing the damage or paying your estimated repair costs. If they fail to do so, you can apply to the LTB for an eviction order.
Being a residential landlord in Ontario comes with significant risks, and discovering that a tenant has severely damaged your investment property is one of the most stressful experiences. Whether you own a basement apartment in Brampton, a townhouse in London, or a condo in Toronto, property damage can quickly wipe out years of rental income. However, in Ontario, you cannot simply change the locks or throw a tenant’s belongings onto the street.
Under the Ontario Residential Tenancies Act (RTA), evicting a tenant for wilful or negligent damage requires strict adherence to a specific legal process involving an N5 notice. One small administrative error on this form can cause your entire case to be thrown out at the Landlord and Tenant Board (LTB). Because the rules are so heavily weighted in favour of protecting tenants, it is highly recommended that landlords hire a licensed Ontario paralegal from our directory to handle the paperwork correctly. 📑
Step-by-Step Process for Issuing an N5 Notice in Ontario
The N5 Notice (Notice to Terminate a Tenancy Early) is a complex document with very specific rules. You cannot use this form for normal “wear and tear,” such as faded paint or slightly worn carpets. It is reserved for actual damage caused by the tenant, their pets, or their guests.
Step 1: Document the Damage Thoroughly
Before you fill out any forms, you need proof. You must legally enter the unit by providing the tenant with a 24-hour written notice of entry. Once inside, take high-quality photos and videos of the damaged walls, broken appliances, or ruined flooring. Keep copies of your “move-in” inspection report to prove the unit was in good condition before this specific tenant arrived. 📸
Step 2: Obtain Professional Repair Estimates
To fill out the N5 properly, you need to know exactly how much the repairs will cost. You cannot just guess a random number. Contact local contractors to provide written quotes for the repair or replacement of the damaged items. You will need to include these exact dollar figures on the eviction notice so the tenant knows what they owe.
Step 3: Serve the N5 Notice to the Tenant
Download the most current N5 form from the LTB website. Check “Reason 1” for damage. You must describe the damage in detail, including dates and times if known. Serve the document legally-the safest methods are handing it to the tenant directly, leaving it in their mailbox, or sliding it under their door. Never send an N5 purely by email unless the tenant previously consented in writing to receive legal documents electronically.
Step 4: Wait for the 7-Day Voiding Period
This is the most critical step. In Ontario, a first N5 notice is voidable. This means the tenant has exactly 7 days from the day they receive the notice to cancel it. They can void the notice by paying the repair estimate you provided, or by repairing the damage themselves to a satisfactory standard. If they fix the issue or pay within 7 days, the eviction process stops immediately.
Step 5: File the L2 Application with the LTB
If the 7 days pass and the tenant has ignored the notice, refused to pay, and has not fixed the damage, the N5 becomes valid. You must now file an “L2: Application to End a Tenancy and Evict a Tenant” with the Landlord and Tenant Board. Only the LTB has the power to issue an official eviction order, and only the local Court Enforcement Office (the Sheriff) can physically remove the tenant. 👮♂️
How Much Does it Cost in Ontario?
Evicting a tenant for damage involves application fees and potential legal costs. Here is what you can generally expect to pay in Canadian dollars (CAD):
| Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| LTB L2 Application Fee | $186 | Cost to file the eviction application online via the portal. |
| Contractor Quotes | Free – $150 | Some contractors charge a fee to provide formal written estimates. |
| Licensed Paralegal Retainer | $800 – $2,000+ | Professional representation to draft the N5 and attend the hearing. |
| Sheriff Enforcement Fee | $315+ | If you win the LTB order, you must pay the Sheriff to change locks. |
How Long Does the Process Take?
The timeline for a damage eviction is notoriously long in Ontario. While the tenant only has 7 days to void the initial N5 notice, the wait for an actual LTB hearing is significant. After filing your L2 application, it currently takes an average of 4 to 8 months to get a hearing date before an adjudicator. If you win, the Sheriff may take another 2 to 4 weeks to enforce the order.
Frequently Asked Questions (FAQ)
Can I just keep their last month’s rent to pay for the damage?
No. Under the Residential Tenancies Act, the last month’s rent deposit can legally only be applied to the last month of rent before the tenancy ends. Using it to cover physical damage is illegal and can lead to penalties.
What happens if they damage the unit again?
If the tenant voids the first N5, but causes new damage within 6 months, you can serve a “second N5.” A second N5 is non-voidable. This means the tenant does not get another 7-day grace period to fix it, and you can file for eviction immediately.
Is scratched hardwood considered willful damage?
Typically, no. LTB adjudicators often rule that minor scratches on flooring from moving furniture or everyday living constitute “normal wear and tear.” You must prove the damage was done willfully or through severe negligence, such as letting a bathtub overflow.
Can I charge the tenant for my own labour to fix it?
Yes. If you perform the repairs yourself, you can charge a reasonable hourly rate for your own labour, plus the cost of materials. However, your hourly rate must be realistic and in line with standard handyman rates in your local area.
Leave a Reply