One of the most common reasons eviction applications fail at the Landlord and Tenant Board is simple: the wrong notice was used. Each Ontario eviction notice serves a specific legal purpose, and using the incorrect form — or completing it improperly — almost always results in dismissal.
This guide explains the four most commonly used eviction notices in Ontario, when each applies, and the mistakes landlords should avoid.
Why the Correct Eviction Notice Matters
Evictions in Ontario are notice-driven. The LTB does not “fix” notice errors, even when the reason for eviction is legitimate. If the notice is defective, the application fails.
Common eviction mistakes Ontario landlords make.
N4 Notice: Non-Payment of Rent
The N4 Notice to End a Tenancy for Non-payment of Rent is the most frequently used eviction notice in Ontario.
When to Use an N4
- Rent is unpaid or partially unpaid
- The tenancy is still ongoing
Key Timelines
- 14 days’ notice (monthly tenancy)
- 7 days’ notice (daily or weekly tenancy)
These timelines will soon be reduced according to newly enacted legislation.
Common N4 Mistakes
- Incorrect rent arrears calculation
- Incorrect tenancy termination date
- Improper service of the notice
N5 Notice: Interference, Damage, or Behaviour
The N5 Notice is used when a tenant:
- Substantially interferes with others of the landlord’s lawful rights, privileges, or interests
- Causes undue damage
- Engages in serious behaviour affecting safety
Important Limitation
The first N5 notices give the tenant an opportunity to correct the behaviour. A second notice may be required.
Common N5 Mistakes
- Vague and unspecified allegations
- Lack of evidence
- Failing to issue a second N5 when required
N12 Notice: Landlord’s Own Use or Purchaser’s Use
The N12 Notice is strictly regulated and heavily scrutinized by the LTB.
When an N12 Is Appropriate
- The landlord (or close family member) genuinely intends to occupy the unit
- A purchaser requires possession for personal use
Critical Requirements
- 60 days’ notice
- Compensation equal to one month’s rent or an acceptable alternative
- Landlord’s or family member’s genuine intention to occupy
Common N12 Mistakes
- Serving the notice prematurely
- Failing to pay compensation correctly
- Failing to prove genuine intention to occupy due to inconsistent evidence
N13 Notice: Demolition, Conversion, or Major Renovation
The N13 Notice applies when the unit must be vacant for:
- Demolition
- Conversion to non-residential use
- Extensive renovations requiring vacancy
Key Considerations
- 120 days’ notice
- Tenant right of first refusal in many cases
- Permits and plans may be scrutinized
- Amount of the compensation payable to the tenant depends on the type of the rental unit.
Common N13 Mistakes
- Insufficient renovation scope
- Missing permits
- Ignoring tenant rights after termination
Important: In Toronto, landlords must also meet an additional requirement that is often overlooked. The City of Toronto requires a valid municipal licence or permit before an eviction based on an N13 can proceed. Even where an N13 notice is properly served under the Residential Tenancies Act, the LTB may refuse the application if the required city approvals are not in place.
This means a landlord can comply with provincial law and still fail at the hearing due to municipal licensing issues.
Choosing the Wrong Notice: What Happens?
Using the incorrect notice almost always leads to:
- Dismissal of the application
- Restarting the eviction process
- Additional months of delay
How long does an eviction take in Toronto?
How Notices Fit Into the Eviction Process
Serving the correct notice is the first step in the eviction process. Errors at this stage cannot be corrected later.
When to hire a paralegal for an eviction.
Speak With an Eviction Professional
If you are unsure which notice applies to your situation, early guidance can prevent costly delays and restarts.
Contact a Toronto eviction paralegal.
