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Landlord Forms

Form N6 – Illegal Acts by the Tenant

Form N6 is a tricky one. It should be used when a tenant or their guest is conducting illegal activities, such as an act related to drugs, running an illegal business or any other illegal act within the rental unit/complex. The determination of what constitutes an illegal activity is often hard for us as normal citizens. Talk to police or a legal professional in order to make the right call.


In the case of production or trafficking of an illegal drug, you must give a min. of 10 days termination notice. With an illegal act or business not related to drugs, the min notice period is 20 days. See termination date on Form N6. As soon as you have served the N6, you can proceed and file the L2 for eviction. If there is reasonable hope that the tenant will move out, you might want to wait with the L2 until termination date. If they have moved out, you won't need to go through the L2 process with can take months.


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Keep in mind:

  • Fill out as much information and details as possible to describe your case
  • Make sure you have the form filled correctly, mistakes can void the form
  • Adhere to the proper servicing guidelines to make sure you serve the notice to the tenant in a legally acceptable way

More details on Form N6

How many cannabis plants can they have?

Regulations for Cannabis in Canada


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Landlord Forms

Bad Tenants and Form N5

In essence, Form N5 is there to terminate a lease based on the tenant interfering with others, causing damage, or overcrowding the rental unit. Serving the form to your tenant gives them seven days to correct the issue. If they don't comply, you can proceed with an L2 eviction application.

Professionals will tell you to act right away if you see any of the 3 issues with your tenants. If you don't do anything it might be construed as implied consent to said behaviour. Once you have served an N5 your tenant generally has three options. They can correct the issue within seven days, they can move out by the termination date as per the form, or they can wait until you file an L2 for eviction. Correcting the issue in this respect means repairing the damage or paying for the repair, stopping an interference with another tenant, or ending the overcrowding.
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In the case of a damage, it is advisable to get at least two written quotes for repair, in order to be able to prove the cost involved. In the case of overcrowding, check municipal by-laws for the definition of overcrowding. Keep in mind that roommates and guests are not generally considered overcrowding. Include as much detail on the infractions as you can in the designated area of the form. Detailed documentation betters your chances of a positive outcome.

If the tenant corrects the issue but then within six months causes another infraction, you can serve another N5 and then go straight to the eviction process without having to wait to seven days. Remember the L2 process can take several months. Make sure to follow proper servicing rules for the form.

Find more details and instructions on how to fill the form here: tribunalsontario.ca
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Landlord Forms

The Easiest and Fastest Way to End a Tenancy – Form N11


Generally the fastest and easiest way to end a tendency is to sign Form N11. It is a mutual agreement between landlord and tenant and can have any desirable date for termination. This means it can also be used to break a fixed term lease, given both parties agree.

It is OK to negotiate and offer an incentive to the tenant but the tenant cannot be forced to signing the agreement. If they are able to prove that you forced them into signing, the agreement may be rendered void. You do not necessarily have to use form N11, any written agreement will do, as long as you include the following: Names of landlord(s) and tenant(s), address of the unit, tenancy end date, signature of landlord and all tenants.
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The form is commonly used when there is a breakdown in the landlord and tenant relationship or for any other reason where ending the tenancy benefits both parties. Please be aware that you cannot sign the form upon signing a lease, e.g. using this type of an agreement as a condition of a lease. This would render the agreement void. Also the agreement becomes void 30 days after the termination date, if the tenant has not moved out and the landlord has not filed with the LTB. Whenever a tenant changes their mind after signing an N11 and refuses to move out, you need to file for eviction using form L3 within 30 days of the termination date.

Find more details on forms N11 and L3 here: https://landlordselfhelp.com

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Landlord Forms

How to Handle Form N8 – Ending a tenancy at the end of the term

The most frequent use of Form N8 is if a tenant consistently fails to make payments on time. As a landlord, you may have already given the tenant a number N4, every time such rent payments were late. But at which point do you resort to serving an N8, and when should you seek to evict such a tenant?

Based on LTB practice, you generally have to show that the tenant was late on seven or eight rent payments within a consecutive 12 month period. So it makes a lot of sense to consistently serve an N4, every time a payment is late. This will make it a lot easier down the road with tenants who are notoriously late on payments. Like with all other N-Forms, make sure you properly serve the tenant, and double check that the termination date does not break a fixed term lease. Always put the date at the end of a lease period. You can find all the details on filling the form here: LTB Forms
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If it is unclear whether the tenant will move out by the termination date that you entered in the N8, it may be advisable to file a Form L2 right after serving the N8. The L2 is the eviction form, that can be filed with the LTB in person or E-filed online. Please know that the LTB will most likely set up a payment plan for the tenant with strict payment deadlines, before they go ahead and order the termination of the tenancy. Again, the eviction can be a lengthy process. Also, be aware of the current eviction rules based on Covid.

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Ontario Rental Vacancy Rates 2020

  • Toronto 3.4%
  • Ottawa 3.9%
  • London 3.4%
  • Peterborough 2.6%
  • Hamilton 3.5%
  • Barrie 2.1%
  • KWC 2.1%
  • Guelph 2.2%

Always interesting to keep abreast of vacancy rates, as they are a determining factor in a thorough calculation of Net Operating Income of a property. If you are in Toronto, you are likely to see a reduction in your NOI based on the most recent vacancy numbers. Toronto sees much higher vacancy rates due to Covid. Other Ontario cities show a more diverse picture, some with increases, some with declines. The full report gives insights on average rental rates, rent arrears and more.

The above is based on the CMHC report of Jan 28, 2021. The full report can be found here:
National Vacancy Rate Increased in 2020