Step 1: What is a Notice of Termination?

A Notice of Termination (also known as a Notice to End Your Tenancy) is a written notice that a landlord must serve on a tenant to begin the eviction process. This Notice explains the reason why the landlord wants to evict someone.

Receiving Notice: Landlords have to provide notice using one of the Landlord and Tenant Board’s official notice forms (e.g. N4 Notice, N6 Notice, etc.). Receiving one of these Notices begins the eviction process. A verbal notice of eviction does not count. Emails or written notes about eviction do not count either. If your client receives an official Notice from their landlord, they can decide to move out, if they want. If they choose not to, the landlord can apply to the Landlord and Tenant Board for an Eviction Order.

This Notice Has To:

• Have the tenant’s name
• Provide a date that the landlord wants them to move out by
• Be given to the tenant within a certain number of days before the intended “move out” date so they have sufficient warning. 

How many days notice a landlord must give depends on the reason for eviction. For example:

• Eviction for not paying rent = 14 days’ notice (or 7 days if rent is paid weekly or daily)
• Eviction for making or selling an illegal drug in the apartment or on the residential complex = 10 days’ notice
• Eviction for causing damage or disturbing the landlord = 20 days for the first time, 14 days if it is a second notice within 6 months

It is very important that the official notice form is correct. Landlords have a responsibility to use the right form and provide the Notice within the appropriate timeframe. That form must also be completely accurate in terms of your client’s information, any amounts owing, and provide sufficiently detailed reasons for the eviction. 

How You Can Help:

• Step 1: Tell your client that they don’t need to move out, if they don’t want to.
• Step 2: Review the Notice of Termination with your client. Make sure that all of the information provided is correct and make sure they understand the reason(s) for the eviction. Knowing why the eviction is happening and what type of Notice they received is important. Some Notices can be “voided” or cancelled if your client takes action to address the reason why their landlord wants to evict them (e.g., they pay any outstanding rent).
  • If the Notice is for non-Payment of rent (N4 Notice), see: “What if someone is not paying their rent?”
  • If the Notice is for illegal acts (N6 Notice), see: “What if someone committed an illegal act on the property?”
  • If the Notice is for damage to the property (N5 Notice or N7 Notice), see: “What if someone causes damage to the property?”
  • If the Notice is because the landlord or someone else wants to move in (N12 Notice), see: “What if a landlord says they or someone else is moving in?”
• Step 3: Confirm the Termination Date on the Notice of Termination 
  • If it was not provided with enough days advance notice, the landlord can’t use that Notice to evict your client.  
  • If the Notice was provided within the right timeframe, remind your client that if they choose to stay beyond the termination date their landlord can apply to the Landlord and Tenant Board for an Eviction Order.