N5 vs N7 vs N8: Which Ontario Eviction Notice Do You Need?
Ontario has a different N-form for almost every situation. Each one has its own grounds, its own void period, and its own consequences if you pick the wrong one. Here is how to choose correctly the first time.
The most common eviction mistake in Ontario is not a typo. It is serving the wrong form for the situation. An N5 where an N7 was warranted, an N4 where the real issue was persistent lateness, or a missed void period all end the same way: the application is dismissed and you start over.
The void period is the part landlords misjudge most. Some notices give the tenant a window to fix the problem. Some do not. Filing before a void period expires, or assuming a void period exists when it does not, is a fatal error.
Below is the full comparison of every termination notice, a deep dive on N5, N7, and N8, the Bill 60 changes, and a quick decision guide.
Every Ontario Termination Notice at a Glance
Notice periods and compensation can vary with building size and the specific ground. Always confirm against the current LTB form instructions before serving.
N5 Deep Dive: Interference, Damage, Overcrowding
The N5 covers three grounds: the tenant or a guest substantially interferes with the reasonable enjoyment or lawful rights of the landlord or other tenants, the tenant wilfully or negligently damages the unit, or too many people are living in the unit so it violates health, safety, or housing standards.
The defining feature of the N5 is the 20-day void period on a first notice. The tenant has 20 days to correct the behaviour or repair the damage. If they do, the notice is void and you cannot proceed on it. You only file with the LTB if the 20 days pass without a fix.
A second N5 served within six months for the same or similar conduct is non-voidable. The tenant does not get another chance to fix it, and you can move directly toward an application if they do not leave by the termination date. This two-strike structure is why documenting the first incident carefully matters so much.
Common N5 error
Filing the application before the 20-day void period expires. The tenant still has the right to remedy. File too early and the application is dismissed, and the notice is wasted.
N7: Serious Impairment of Safety
The N7 is for serious problems: an act that seriously impairs the safety of another person, or wilful and significant damage, where the situation is too severe for the fix-it model of an N5. Examples include disabling fire safety equipment, deliberate flooding or fire, or violence that endangers others.
There is no void period. The tenant cannot cure the conduct to stop the eviction, and the termination date can be as short as 10 days after service. Because the grounds are serious, the LTB often schedules these on an expedited basis.
The trade-off for that speed is the evidentiary bar. You must show the conduct genuinely meets the seriousness threshold. Using an N7 for something that is really an N5-level disturbance is a common overreach that gets dismissed.
N8: Persistent Late Payment (Not the Same as N4)
The N8 is the form landlords most often confuse with the N4. The N4 is for rent that is unpaid right now. The N8 is for a tenant who does pay, eventually, but is persistently late, month after month.
There is no void period and no single missed payment that triggers it. You must demonstrate a cumulative pattern of lateness over time. One or two late payments will not support an N8. A documented history of repeated lateness will. The notice period is 60 days.
If the tenant currently owes arrears, that is an N4 situation, possibly alongside an N8 for the pattern. Pick the form that matches the actual problem. For non-payment specifics and the Bill 60 7-day change, see the N4 note below.
N4: Non-Payment and the Bill 60 7-Day Change
The N4 is for rent that is currently unpaid. It is always voidable: the tenant can pay the full arrears at any time before the eviction order is issued and the notice is cancelled. That has not changed.
What Bill 60 changed is the waiting period before you can file. The wait between serving the N4 and filing the L1 application was cut from 14 days to 7 days. If rent is due on the first and unpaid, you may be able to file roughly a week sooner than before.
Some Bill 60 provisions are phased in by proclamation, so confirm the 7-day rule is in force for your situation before you rely on it. Our Bill 60 guide tracks what is actually in effect.
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The best eviction notice is the one you never need
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Get early accessQuick Decision Guide
Match the situation to the form. When two could apply, the form that matches the actual problem wins.
If: Tenant did not pay this month's rent
Voidable by paying arrears anytime before the eviction order. Under Bill 60 the wait before filing the L1 is cut to 7 days.
If: Tenant is damaging the unit, disturbing neighbours, or has too many occupants
First notice gives a 20-day void period to fix it. A second N5 within 6 months for similar conduct is non-voidable.
If: Tenant did something illegal in or near the unit
Non-voidable. 10 days for drug-related activity, 20 days for other illegal acts.
If: Tenant seriously endangered safety or wilfully caused major damage
No void period, urgent. 10-day termination and often an expedited hearing.
If: Tenant always pays, but is late month after month
Not an N4. You must show a cumulative pattern of persistent lateness. 60-day notice.
If: You, family, a buyer, or a caregiver needs to move into the unit
Genuine intention required. Bill 60 lets you waive compensation with a 120-day notice.
If: You are demolishing, converting, or doing permit-level renovation
120-day notice and compensation. This is the correct form, not an N12.
The Mistakes That Get Evictions Dismissed
Using the wrong form for the situation. An N4 for a tenant who pays late but does pay, or an N5 for conduct that genuinely meets the N7 threshold. The form has to match the legal ground, not just the frustration.
Void period errors. Filing before a 20-day N5 void period expires, or assuming an N6 or N7 has a void period when it does not. Each form has its own rule and the LTB enforces it strictly.
Missed service requirements. Serving by a method the RTA does not allow, or not building in the extra days for mailed service, shortens the effective notice and invalidates it. Always complete a Certificate of Service.
Second-notice timing. The non-voidable second N5 only works if it is for the same or similar conduct and within six months of the first. Outside that window it resets to a voidable first notice.
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Sections of Ontario law this guide is grounded in. Read the source text before acting on a specific situation.
About this guide
Written and maintained by the ScreenTenants.ca editorial team and reviewed against Ontario's Residential Tenancies Act, 2006 and the Landlord and Tenant Board's published rules. Last reviewed June 2026.
This is general information for Ontario landlords, not legal advice. Rules change and individual situations vary — confirm details with the LTB or a licensed paralegal or lawyer before acting on a specific matter.
See our editorial policy for sources, review cadence, and corrections.