2. Check if the landlord used the wrong kind of notice form

There are two notices of eviction that a landlord can give when they think a tenant causes damage:

  • N5, which gives the tenant the right to cancel the by fixing the damage or paying to have it fixed
  • N7, which does not give the tenant a chance to cancel

If the landlord gives you a form N7, they must show why an N5 would not be appropriate. The landlord must prove that:

  • you caused the damage on purpose (if they checked Reason 2 on the form), or
  • the damage or expected damage is serious and is a result of you using the place in a way that isn’t compatible with a residence (if they checked Reason 3 on the form)

If your landlord can’t prove at least 1 of these reasons, you can argue at the hearing that the landlord should have used the form N5 instead. If the Board agrees that you should have been given the form N5, the landlord has to give you a chance to fix the damage or pay the repair costs.

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