If your Ontario landlord serves you an N5 eviction notice claiming your houseplants are causing mould or excessive humidity, you generally have 7 days to void the notice by correcting the issue. You can defend yourself by proving you maintain proper ventilation and showing that the mould stems from pre-existing structural defects.
During the long winters in cities like Toronto, Kitchener, and Hamilton, many tenants turn their apartments into lush indoor jungles. 🌱 Having a large collection of houseplants is a wonderful hobby, but hundreds of transpiring plants and frequent watering can drastically increase the humidity inside a small condo or basement unit. If a landlord discovers condensation on the windows or black mould forming on the drywall, they will likely blame your greenery.
Under the Residential Tenancies Act (RTA), tenants have a legal duty not to willfully or negligently damage the rental unit. If a landlord believes your indoor jungle is destroying the drywall or interfering with their property, they will serve you with an N5 Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding. Receiving this eviction notice is terrifying, but it is not the final word.
An N5 is a “voidable” notice, meaning the power to cancel the eviction rests entirely in your hands if you act swiftly. 📋 Below is a detailed, step-by-step guide explaining how to handle an N5 notice related to humidity, houseplants, and mould in Ontario. Most applicants in this province rely on a paralegal or law firm to defend them if the matter escalates to a formal LTB hearing.
Step-by-Step Process to Defend Against an N5 in Ontario
Evictions based on humidity and mould are highly technical disputes. You must act immediately to address the landlord’s concerns while simultaneously gathering evidence to protect your tenancy.
Step 1: Understand the 7-Day Void Window
When you receive an N5, read page 2 carefully. ⏱️ It explicitly states that you have exactly 7 days to correct the behaviour or pay for the damage. If you lower the humidity, clean the superficial mould, and address the issue within this 7-day window, the N5 becomes legally void. The landlord cannot proceed with the eviction if you comply promptly.
Step 2: Measure the Humidity and Gather Evidence
Do not just take the landlord’s word for it. Purchase a digital hygrometer to measure the relative humidity in your apartment. Ideal indoor humidity in Ontario winters should be between 30% and 50%. Take timestamped photos of your plants, the air circulation setup, and the exact areas where the mould is forming. This evidence is crucial if the landlord tries to proceed to the LTB.
Step 3: Mitigate the Issue Immediately
Even if you believe the building is at fault, take immediate steps to show good faith. 💨 Move plants away from cold exterior walls. Run the bathroom and kitchen exhaust fans constantly. Purchase a standalone dehumidifier to pull excess moisture out of the air. Clean off any surface mildew with a proper mould-killing solution. Document all these mitigation efforts.
Step 4: Request a Structural Inspection
Often, mould is caused by poor building insulation, leaking pipes, or faulty HVAC systems, not just your monsteras. Write an email to your landlord formally requesting that they inspect the exterior brickwork and window seals. If they refuse, call your local municipal Property Standards office (311 in Toronto or Mississauga) and ask for a city inspector to evaluate the structural integrity of the unit.
Step 5: File a T6 if the Landlord is Negligent
If the city inspector determines the mould is due to a leaky roof or lack of proper ventilation infrastructure, the tables turn. You can proactively file a T6 Application (Tenant Application about Maintenance) at the Landlord and Tenant Board. This forces the landlord to fix the structural defects and proves that your houseplants were merely a scapegoat for their negligence.
How Much Does it Cost in Ontario?
Defending against an N5 is mostly about quick action, but formal disputes involve filing fees and equipment costs. 💵
- Voiding the N5: Free. If you correct the humidity issue within 7 days, there are no LTB fees.
- Filing a T6 Application: If you take the landlord to the LTB for structural negligence, the tenant filing fee is $48 CAD if filed online through the Tribunals Ontario Portal, or $53 CAD if submitted in paper format.
- Dehumidifiers and Hygrometers: A good digital hygrometer costs $15 CAD, and a high-capacity dehumidifier will cost between $150 CAD and $300 CAD.
- Paralegal Representation: If the landlord files an L2 to evict you, hiring a paralegal to defend you at the hearing costs roughly $800 CAD to $1,500 CAD.
How Long Does the Process Take?
The initial response time is extremely tight, but the legal backlog at the LTB moves slowly. ⏱️
| Phase of the N5 Dispute | Estimated Timeline in Ontario |
|---|---|
| Correcting the Behaviour to Void N5 | Strictly within 7 days of receiving notice |
| Municipal Property Standards Inspection | 1 to 3 weeks |
| LTB Hearing (if Landlord files L2) | 6 to 10 months due to delays |
Frequently Asked Questions (FAQ)
Can a landlord legally ban houseplants in Ontario?
No. A landlord cannot put a blanket ban on houseplants in your lease. However, they can demand that you stop an activity if it is actively causing physical damage (like water rot) to the rental unit.
Do I have to pay for the landlord to repaint the mouldy wall?
If the LTB determines that the mould was 100% caused by your negligent actions (e.g., refusing to ventilate a room packed with 50 plants), you may be ordered to pay the repair costs. If it is structural, the landlord pays.
Can the landlord keep my damage deposit for the mould?
Damage deposits are strictly illegal in Ontario under the RTA. A landlord can only legally collect a Last Month’s Rent deposit, which can never be used to pay for mould remediation or drywall repairs.
What happens if I get a second N5 notice?
This is very dangerous. If you receive a second N5 notice for the exact same issue within 6 months of the first one, the second notice is non-voidable. You cannot cancel it by fixing the problem, and the landlord can proceed straight to the LTB for an eviction hearing.
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