What if someone causes damage to the property?
General Rule: Your client can be evicted if they or their guests cause damage or serious problems for the landlord or other tenants. Depending on whether the landlord believes your client caused the damage deliberately or not, they will either give them an N5 Notice (accidental damage) or an N7 Notice (wilful damage).
These notices will detail:
- The reason the landlord is evicting them
- Details about the reason (date, time, specific events, etc.)
- The amount the landlord is seeking in repayment for the damage (if it’s an N5 Notice)
Cancelling an N5 Notice: Your client can cancel or void this Notice within 7 days of receiving it by repairing any damage caused or by paying their landlord the amount asked for in the Notice. If the Notice isn’t cancelled, the landlord can file an L2 Application. This means that the landlord has taken the next step in the eviction process and has filed an application with the Landlord and Tenant Board to evict your client. The Board or the landlord should send your client a copy of this application as well as a Notice of Hearing.
Cancelling an N7 Notice: There is no way to cancel this type of notice. If the eviction is for wilful damage, their landlord can apply for an eviction hearing using an L2 Application. If your client receives this application, this means that the landlord has taken the next step in the eviction process and has filed an application with the Landlord and Tenant Board to evict your client. The Board or the landlord should send your client a copy of this application as well as a Notice of Hearing.
Note: Landlords can obtain an expedited Eviction Order for wilful damage to the property. These orders are given priority for enforcement which means your client could be at risk of eviction much sooner than if they are evicted with a regular Eviction Order.
How You Can Help:
- Step 1: Tell your client that they do not need to move out just because they received this Notice and that an Eviction Order will be required before they are forced to move out.
- Step 2: If your client received an N7 Notice, tell them they could be at a high risk of eviction soon and refer them to a legal clinic immediately. This type of Notice cannot be cancelled or voided.
- Step 3: If your client has received a Notice of Hearing, refer them to a legal clinic.
