Chapter_9-Part2__Revised_W24_-_Tagged

Chapter 9: Terminating Tenancies

PART 2: OTHER FAULT GROUNDS

This chapter focuses on the legal grounds for terminating tenancy agreements under various circumstances known as fault grounds. It reviews specific forms and procedures landlords and tenants must know regarding damages, interference, and other issues affecting tenancy.

Page 1: Introduction

The chapter includes essential information regarding the different types of fault grounds on which a tenancy can be terminated, outlining specific forms that yield different consequences for landlords and tenants.

Page 2: Form N5 - Terminating a Tenancy for Damage, Interference, or Overcrowding

• Key Points:

  • Form N5 is utilized when a landlord needs to terminate a tenancy due to damage, interference, or overcrowding issues.

  • Tenants have the right to defend against a Notice to Terminate regarding these issues under certain conditions.

Page 3: Additional Forms and Defenses

• Form N6: Terminating a Tenancy for an Illegal Act or Misrepresentation of Income.

• Form N7: Terminating a Tenancy Early for Impaired Safety, Wilful Damage, or Serious Interference.

• Defending against Notices involves understanding the legal options available, as well as the necessary steps after completing a notice of termination.

Page 4: Details of Form N5

• A landlord issuing an N5 notice allows the tenant a remedy period of seven days to correct the breach before the notice becomes void.

• If the tenant commits another breach within six months, the landlord can issue another N5 notice with different terms.

Page 5: Changes in Law (RFA): N5

• Recent changes allow landlords to issue a second N5 notice that cannot be voided even if the first isn't remedied.

• Such a notice can be served anytime between seven days and six months after the first notice, as per section 68 of the RTA.

• The Form N5 has been updated to reflect these changes.

Page 6: Completing Form N5

• The termination date will vary based on whether it is a tenant’s first or subsequent breach.

• Landlords must specify grounds for termination and may cite multiple reasons.

• It is crucial for the landlord to include specific facts related to the claims in the details section of the notice.

Page 7: Including Specific Details

• If the N5 notice is the first in six months and pertains to damages, landlords must articulate the repair costs.

• For overcrowding issues, landlords must state the maximum number of residents allowed in the unit.

Page 8: Defending Against N5 Notices

• Tenants can defend against termination notices through several means:

  • Identifying errors in the notice or its service.

  • Disputing claims of damage, interference, or overcrowding.

  • Proving issues have been corrected if it’s the first notice.

  • Seeking relief under section 83 (relief from forfeiture).

Page 9: Form N6 Overview

• Form N6 is specifically for termination due to illegal acts or misrepresentation of income, primarily applicable in social housing.

• Illegal acts do not have to be criminal but must occur within the rental unit, possibly involving provincial offenses or by-law breaches.

Page 10: Handling Form N6

• Tenants do not have the option to remedy illegal acts or misrepresentations.

• Notice periods are contingent on whether it is the first or second notice, needing validation of prior communications from landlords.

• More severe penalties apply for illegal acts related to drugs, resulting in a reduced notice period of ten days.

Page 11: Form N7 - Terminating Due to Serious Issues

• Requires a minimum of a 10-day notice specifying reasons for termination when there are issues of impaired safety or wilful damage.

• The details must identify individuals responsible and outline exact incidents occurring.

Page 12: Choosing Between N5 and N7

• If damage is wilful, landlords can choose between an N5 or an N7 notice. N7 does not permit the tenant to void the notice through restoration.

• Landlords must conclusively prove wilfulness in damage caused.

Page 13: Defenses Against N7 Notices

• Similar to N5 defenses, tenants cannot remedy behavior following a first N7 notice. Evidence demonstrating corrected behaviors may help in seeking relief from forfeiture under section 83.

• The board may be receptive to relief requests if the tenant shows willingness to remedy the issues without recurrence.

Page 14: Post-Termination Notice Steps

• Ensure the notice is delivered to the tenant utilizing one of several accepted methods (mail, courier, in-person, or email with consent).

• A certificate of service should accompany the notice, along with recommended documentation to substantiate the notice issuance.