Serving the correct eviction notice is the critical first step in the Ontario eviction process. Under the Residential Tenancies Act, 2006 (RTA), landlords must use specific notice forms issued by the Landlord and Tenant Board — there is no generic eviction notice that works for all situations. Each notice form corresponds to a specific ground for eviction and has its own rules regarding content, notice period, termination date requirements, and whether the tenant can void the notice.
A single error on the notice — a wrong date, an incorrect rent amount, or use of the wrong form — can result in your LTB application being dismissed. When an application is dismissed, you must start the entire process over from scratch, serving a new notice and waiting for the full notice period again. This can add 2 to 4 months to your eviction timeline. Ontario Eviction Services prepares all notice forms to ensure full compliance with the RTA and LTB requirements.
Complete Ontario Eviction Notice Reference Table
Below is a comprehensive reference table covering every eviction notice form available to Ontario landlords, including the ground for eviction, the required notice period, whether the tenant can void the notice, the termination date rules, and the corresponding LTB application form:
| Notice | Ground for Eviction | Notice Period | Voidable? | Termination Date Rule | LTB Application |
|---|---|---|---|---|---|
| N4 | Non-payment of rent | 14 days | Yes — pay full arrears | 14 days from service (any day) | L1 |
| N5 (1st) | Substantial interference / damage | 20 days | Yes — correct within 7 days | 20 days from service (any day) | L2 |
| N5 (2nd) | Repeat interference within 6 months | 14 days | No | 14 days from service (any day) | L2 |
| N6 | Illegal activity on premises | 10 days | No | 10 days from service (any day) | L2 |
| N7 | Serious damage or safety impairment | 10 days | No | 10 days from service (any day) | L2 |
| N8 | Persistent late payment of rent | End of rental period (min. 60 days) | No | Last day of rental period | L2 |
| N12 | Personal use (landlord/family/purchaser) | 60 days | No | Last day of rental period | L2 |
| N13 | Demolition or major renovation | 120 days | No | Last day of rental period | L2 |
Detailed Guide to Each Eviction Notice Form
N4 — Non-Payment of Rent
The N4 notice is the most commonly used eviction notice in Ontario. It is served when a tenant has failed to pay rent in full on the date it is due. The tenant has 14 days to pay the outstanding rent or vacate the unit. If the tenant pays the full amount within the 14-day period, the notice is voided and the tenancy continues. If not, the landlord can file an L1 application with the LTB.
Key rules for the N4: only include lawful rent on the form. Do not include late fees, NSF charges, utility arrears (unless they are part of the lawful rent), key deposits, or damage deposits. Including unauthorized amounts is grounds for the LTB to dismiss your application. The termination date must be at least 14 days from the date of service, but does not need to fall on the last day of a rental period.
N5 — Substantial Interference or Damage
The N5 is used when a tenant is substantially interfering with the reasonable enjoyment of the landlord or other tenants, or when the tenant has caused damage exceeding normal wear and tear. The N5 has a unique two-notice structure under the RTA:
- First N5: 20 days' notice. The tenant has 7 days from the date of service to correct the behaviour. If the tenant stops the offending conduct within 7 days, the notice is voided.
- Second N5 (within 6 months): If the same or similar behaviour occurs again within 6 months of the first N5, the landlord serves a second N5 with 14 days' notice. This notice cannot be voided — the tenant cannot correct the behaviour to make it go away.
After the second N5 expires, the landlord files an L2 application with the LTB. Evidence for N5 cases should include detailed incident logs with dates and times, photographs of damage, witness statements from neighbours or other tenants, and any written complaints.
N6 — Illegal Activity
Served when the tenant has committed an illegal act on the premises, such as drug production, drug trafficking, or other criminal activity. The notice period is 10 days, and the tenant cannot void this notice by stopping the activity. Common examples include cannabis grow operations (beyond the legal limit), drug trafficking, prostitution, or operating an illegal business from the unit. The landlord should document evidence of the illegal activity and, where applicable, include police reports.
N7 — Serious Damage or Safety Concern
Used when a tenant has wilfully or negligently caused serious damage to the rental unit or the residential complex, or when the tenant's conduct has seriously impaired the safety of other tenants or the landlord. The notice period is 10 days. Unlike the N5, there is no correction period — the damage or safety concern is too serious for a second chance. Evidence should include photographs, contractor estimates for repair costs, and any police or fire department reports.
N8 — Persistent Late Payment
The N8 is served when a tenant has persistently paid rent late. Unlike the N4 (which addresses specific unpaid rent), the N8 addresses the pattern of late payments. To use an N8, the landlord should document at least 3 to 4 instances of late payment. The termination date must be at least the end of the rental period. The landlord cannot file the L2 application until after the termination date. A strong rent ledger showing the pattern of late payments is essential evidence for the hearing.
N12 — Personal Use by Landlord
The N12 notice is used when the landlord, a purchaser, or an immediate family member requires the rental unit for their own personal residential occupation. The notice period is 60 days, and the termination date must fall on the last day of a rental period. The landlord must compensate the tenant with one month's rent before the termination date. Bad faith N12 evictions carry penalties of up to $50,000 for individuals and $250,000 for corporations. The person named on the N12 must genuinely intend to occupy the unit for at least one year.
N13 — Demolition or Major Renovation
Served when the landlord intends to demolish the building, convert it to a non-residential use, or perform major renovations that require the unit to be vacant. The notice period is 120 days, and the termination date must fall on the last day of a rental period. The landlord must provide compensation equivalent to three months' rent or offer the tenant the right of first refusal to return to the unit at the same rent after the renovation is complete. The landlord must also obtain all necessary building permits before serving the N13.
How to Properly Serve an Eviction Notice in Ontario
The method of service matters. If you cannot prove the notice was properly served, the LTB may dismiss your application regardless of how strong your case is. Approved methods of service under the RTA include:
- Personal service — Handing the notice directly to the tenant. This is the most reliable method and provides the strongest proof of service.
- Under the door — Sliding it under the door of the rental unit. Effective when the tenant is not home.
- Mailbox — Placing it in the tenant's mailbox or mail slot at the rental unit. Do not place it in a community mailbox.
- Regular mail — Mailing to the tenant's address. When served by mail, you must add 5 days to the notice period to account for mailing time. So a mailed N4 requires at least 19 days before the termination date.
Email is NOT an approved method of service for eviction notices in Ontario, even if the tenant has communicated with you by email throughout the tenancy. The LTB has consistently ruled that eviction notices served by email alone are invalid.
Always complete a Certificate of Service immediately after serving the notice. This form documents the date, time, method of service, and the name of the person who served it. The Certificate of Service is a required document when filing your LTB application.
Critical: Termination Date Rules
The termination date on the notice must comply with specific rules. For notices N8, N12, and N13, the termination date must fall on the last day of a rental period. For monthly tenancies where rent is due on the first, this means the termination date must be on the last day of a month. For notices N4, N5, N6, and N7, the termination date simply needs to be at least the minimum notice period from the date of service. An incorrect termination date is one of the most common reasons applications are dismissed.
Mailing Rules and Extra Days
When serving a notice by regular mail, the RTA requires the landlord to add extra days to the notice period to account for delivery time. The rules are as follows:
| Notice Form | Standard Notice Period | Additional Days for Mail | Total Days if Mailed |
|---|---|---|---|
| N4 | 14 days | +5 days | 19 days |
| N5 (1st) | 20 days | +5 days | 25 days |
| N5 (2nd) | 14 days | +5 days | 19 days |
| N6 | 10 days | +5 days | 15 days |
| N7 | 10 days | +5 days | 15 days |
| N8 | End of period | +5 days | End of period + 5 days |
| N12 | 60 days | +5 days | 65 days |
| N13 | 120 days | +5 days | 125 days |
Common Mistakes When Serving Eviction Notices
The following errors are the most frequent reasons the LTB dismisses landlord applications. Avoiding these mistakes saves landlords months of delays and significant financial losses:
- Wrong form — Using a generic letter or landlord-drafted document instead of the prescribed LTB notice form. The LTB only accepts its own forms.
- Wrong amount on N4 — Listing the wrong rent amount or including amounts not covered by the notice type, such as late fees, NSF charges, utility arrears, or damage deposits.
- Wrong termination date — Termination date does not meet the minimum notice period, or for N8/N12/N13 notices, does not fall on the last day of the rental period.
- No proof of service — Failing to complete a Certificate of Service. Without this document, the LTB has no evidence the notice was properly served.
- Serving by email — Email is not an approved method of service for eviction notices under the RTA. This is one of the most common errors landlords make.
- Including penalties — Adding late fees or penalties to the N4 amount. Only lawful rent and lawful charges (such as utility charges if specified in the lease) can be included.
- Not using the correct version of the form — The LTB periodically updates its forms. Using an outdated version of the notice can result in dismissal.
- Miscounting the notice period — The notice period starts the day after service, not the day of service. If you serve on January 1, day 1 is January 2.
What Happens After Serving an Eviction Notice
The steps following notice service depend on the type of notice and the tenant's response:
If the Tenant Complies
For voidable notices (N4 and first N5), the tenant may comply within the correction window. If the tenant pays the full arrears on an N4 within 14 days, or corrects the behaviour on a first N5 within 7 days, the notice is void and the tenancy continues. The landlord cannot file an LTB application based on a voided notice.
If the Tenant Does Not Comply
If the tenant does not comply or vacate by the termination date, the landlord files the appropriate application with the LTB. The filing fee is $208. After filing, the LTB schedules a hearing (typically 4 to 8 weeks). At the hearing, the landlord presents evidence and the adjudicator issues an order.
If the Tenant Vacates
If the tenant vacates before the termination date, the tenancy ends. However, if the tenant still owes rent, the landlord can file an L9 application to collect the arrears (within one year of vacancy) or pursue the debt through Small Claims Court or collections.
Eviction Notices for Property Managers
Property management companies managing large portfolios need to serve notices consistently and accurately across all properties. Ontario Eviction Services provides bulk notice preparation services for property managers in Toronto, Mississauga, Ottawa, Brampton, Hamilton, and across Ontario. Every notice is reviewed for accuracy, served using approved methods, and documented with a Certificate of Service.