Got an N5 Notice? Three Ways to Void It and Keep Your Home
An N5 termination notice from your landlord is not the end of your tenancy. The Residential Tenancies Act gives Ontario tenants three ways to defeat an N5 —...
Frequently Asked Questions
What is the difference between the cure period and the termination date on an N5?
The cure period is 7 days from the date the N5 is given — within that window, the first N5 in a 6-month period can be voided by stopping the conduct. The termination date is the date listed on the notice (at least 20 days after service) and is the earliest date the landlord can file an L2 application at the LTB. It is not a date you must vacate by.
Can I cure a second N5 within 6 months?
No. Under section 68 of the RTA, a second N5 within 6 months of the first cannot be voided by cure. The second N5 proceeds to a hearing regardless of whether the conduct has stopped.
What counts as “substantial interference with reasonable enjoyment”?
The conduct must be significant enough that a reasonable person in the position of the affected party would consider it a substantial intrusion on the right to peaceful enjoyment of the unit. Persistent loud noise, smoke, smell, threats, or repeated disruptions can qualify. Single, isolated, or minor incidents usually do not.
Do I have to move out by the termination date on the N5?
No. The termination date is the earliest date the landlord can file an L2 application at the Landlord and Tenant Board. You are entitled to remain in the unit until the LTB issues an eviction order after a hearing, which is typically months later.
Should I contact a paralegal even if I cured the N5?
Yes, especially if the underlying issue could recur. The 6-month no-cure window is the most dangerous trap for tenants who have already been served once. Understanding what the next 6 months look like — and what defences you have if a second N5 arrives — is worth a free consultation.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.