How to End a Tenancy at the End of Term: Using the N8 Notice

Landlord & Tenant Law   |    Oct 26, 2024      | By: Harbir Singh

For landlords who wish to regain possession of their property at the end of a term, it is extremely important to ensure you follow the correct steps and process to avoid any legal repercussions. Ensure to abide and follow the rules of the Residential Tenancies Act (RTA), which governs the relationship between a landlord and tenant in Ontario.

If you wish to regain possession of your property at the end of the term, then one of the key documents in this process is the N8 Notice. Below we will speak more into detail about what the N8 Notice is and how to serve it on your tenant(s).

N8 Notice: What is it?

The N8 Notice is a document that a landlord can fill out and serve on a tenant, to request and notify the tenant to vacate the rental unit at the end of the term. There are 5 different scenarios in which a landlord can use this notice.

When can the N8 Notice Be Used?

As mentioned above, there are five separate scenarios where a landlord can exercise their options to serve an N8 Notice to End your Tenancy at the End of the Term. Those five scenarios include:

1.  If the tenant has been persistently late in paying the rent.

2.  If the tenant no longer meets the requirements to qualify to live in public of subsidized housing.

3.  If the rental unit was provided to the tenant as a condition of employment and the employment has ended.

4.  If the creation of the tenancy was in good faith because of an Agreement of Purchase and Sale for a proposed condominium unit, and the      agreement has been terminated.

5.  If the tenant occupied the unit specifically to receive rehabilitative or therapeutic care and the period of tenancy agreed to has ended.

The first step to evicting a tenant for any of the above reasons, is by serving the tenant with the N8 notice. Further in this blog post we will provide information regarding the next steps after providing the tenant with the notice.

Accuracy: Notice and Service Rules

Landlords need to be careful when filling out an N8 notice. The information on the form needs to be filled out correctly, otherwise this can result in the notice being considered invalid and voided. Furthermore, landlords need to ensure they follow the rules to serving a tenant with the notice and serve it the correct way. For more information on this feel free to contact our team at HSB Legal Services.

Next steps

After the tenant is served with an N8 notice, the tenant has the option to agree and move out on the termination date or refuse to move out by the termination date. The landlord can apply to the Landlord Tenant Board (LTB) to enforce the eviction, by submitting an L2: Application to End a Tenancy and Evict a Tenant. The L2 application can be submitted immediately, after the tenant is served with the notice.

Conclusion

For landlords who are looking to regain possession of their rental property at the end of a tenant’s term, for one of the 5 reasons mentioned above, they can serve a tenant with an N8 notice and apply to the Landlord Tenant Board (LTB) to have it enforced. It is crucial to fill out the forms correctly and serve it on the tenant the right way.

Navigating the Landlord Tenant Board (LTB) can be a complex task. It is recommended to consult a landlord tenant board paralegal. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.