ND PARALEGAL SERVICES

Problematic Tenants & Property Damage

ONTARIO LANDLORD REMEDIES

Your Options When Tenants Cause Serious Problems

The Residential Tenancies Act, 2006 gives Ontario landlords specific legal tools to address tenants who damage property, disturb other occupants, commit illegal acts, or impair the safety of others. The key is choosing the right notice, documenting the problem thoroughly, and following the process precisely.

Unlike non-payment evictions, behaviour-related evictions often involve an important distinction: some notices give the tenant an opportunity to stop the behaviour (a “voidable” notice), while others — such as those for serious illegal acts — do not require a chance to remedy and can lead to an expedited hearing.

How We Help Landlords Deal with Problem Tenants

Incident Documentation Strategy

We advise on how to properly document incidents from the moment they occur — the right details to record, how to request written complaints from other tenants, and how to preserve evidence that will hold up at the LTB.

Notice Preparation

We determine which notice applies, prepare it accurately, and review the specific conduct and evidence required to support it at a hearing — including the correct voiding period and termination date.

L2 Application Filing

Once the notice period passes without remedy or a second N5 is warranted, we file the L2 eviction application with all supporting documentation and evidence organized for the LTB member.

LTB Hearing Representation

We present your evidence, examine witnesses, cross-examine the tenant, and make legal submissions at the hearing — keeping the focus on the documented conduct and its impact on the property and other occupants.

Damage Claims

Beyond eviction, we pursue compensation for property damage through the L2 application — requiring invoices, repair estimates, and before/after documentation to support the claim for damages.

Urgent Hearing Requests

For N6 and N7 situations involving serious illegal activity or safety threats, we request expedited hearings at the LTB to resolve the matter as quickly as possible.

Frequently Asked Questions

It depends on the severity. For willful or negligent damage, a first N5 gives the tenant 7 days to stop the behaviour or compensate for the damage. If they remedy the situation within that period, the N5 is void and you cannot proceed with eviction on that notice alone. However, if the damage is severe enough to amount to a serious impairment of safety, an N7 may be more appropriate. We assess the facts and recommend the correct approach.

Under the RTA, landlords can serve an N5, N6, or N7 for conduct committed by the tenant, an occupant of the unit, or a person permitted into the residential complex by the tenant. You do not need the tenant themselves to be the direct cause — if their guests are creating the problem, the tenant is responsible under the RTA and notices can be served accordingly.

The LTB expects documentary evidence: photographs of the damage (dated), invoices or estimates from contractors, any communications with the tenant about the damage, and if possible, a comparison to the condition at move-in (move-in inspection report or photos). Witness testimony from a superintendent or other tenant who observed the damage also helps. We help landlords organize this evidence clearly and persuasively.

A second N5 can be served if a new incident occurs within 6 months of the first N5 being served — regardless of whether the first N5 was voided by the tenant. The second N5 does not give the tenant a chance to remedy and allows the landlord to file an L2 application immediately. Maintaining a detailed incident log is essential to demonstrate the timing and pattern of conduct.

The L2 application allows landlords to claim compensation for damages. If the property damage is so severe that the unit requires repairs before re-renting, lost rental income during the repair period may be claimed. This typically requires documentation of the damage, the scope of repairs needed, and the time period the unit was unlettable. We advise on what can and cannot be claimed through the LTB versus Small Claims Court.

An N5 is used for standard issues like substantial interference, minor/negligent damage, or overcrowding, and it gives the tenant a 7-day window to void the notice by correcting the behavior (if it is their first N5 in 6 months). In contrast, an N7 is reserved for severe, urgent situations—such as willful/intentional damage or acts that seriously impair safety. Form N7 has a shorter 10-day notice period and provides no opportunity for the tenant to void the notice by correcting their conduct.