Understanding Ontario Form N9: Tenant’s Notice to End the Tenancy
In Ontario, tenants who wish to end their tenancy must provide their landlord with the proper legal notice. The key tool for this is Form N9: Tenant’s Notice to End the Tenancy. Understanding how and when to use Form N9 is critical for tenants, as it ensures they comply with the requirements set out under the Residential Tenancies Act (RTA) and avoid any legal or financial consequences.
This guide will explain what Form N9 is, when to use it, how to fill it out correctly, and the tenant’s responsibilities under the law when giving notice to end a tenancy.
What is Form N9?
Form N9: Tenant’s Notice to End the Tenancy is the official form used by tenants in Ontario to notify their landlord that they intend to end their rental agreement. The form provides a written record that both parties can refer to and ensures that the notice complies with the Residential Tenancies Act (RTA), which governs rental agreements in Ontario.
Form N9 is primarily used for two situations:
- Fixed-Term Tenancies: If a tenant is currently in a fixed-term lease (e.g., a one-year lease) and wants to terminate the lease at the end of the term.
- Month-to-Month Tenancies: For tenants in month-to-month rental agreements, Form N9 is used to give notice when they wish to move out.
When to Use Form N9
The timing of when Form N9 is submitted is crucial to ensure that the notice is valid. The key points tenants need to remember include:
1. 60 Days’ Notice for Month-to-Month Tenancies
- Tenants in month-to-month tenancies are required to give at least 60 days’ notice before moving out. The termination date must be the last day of a rental period (usually the last day of the month).
- For example, if rent is due on the first of the month and you wish to move out at the end of November, you must provide the landlord with Form N9 by September 30 at the latest.
2. Notice for Fixed-Term Tenancies
- For tenants in a fixed-term lease, Form N9 should be submitted at least 60 days before the end of the lease term. The termination date must be the last day of the lease.
- If a tenant wishes to leave before the end of a fixed-term lease, they will need to either get the landlord’s consent or sublet the unit (with the landlord’s approval) unless they qualify for early termination due to specific legal reasons.
3. Special Circumstances for Early Termination
- There are some exceptions under the Residential Tenancies Act (RTA) that allow for early termination without penalties, such as:
- If the tenant or their dependent is a victim of domestic violence.
- If the tenant is moving into a long-term care facility.
- In these cases, tenants may not be required to give the full 60 days’ notice, but they must use specific forms, such as Form N15 for domestic violence victims.
How to Fill Out Form N9 Correctly
Form N9 is a straightforward form, but it’s important to fill it out correctly to avoid complications. Here’s a step-by-step breakdown of how to complete the form:
1. Tenant’s Information
- Enter your full name and contact details in the first section. This must match the information on the rental agreement.
2. Landlord’s Information
- Provide the landlord’s full legal name and contact information. Make sure to use the name listed on your lease agreement, whether it’s the property owner or a property manager.
3. Rental Unit Address
- Enter the complete address of the rental unit, including the unit or apartment number if applicable.
4. Termination Date
- The termination date is the key part of the form. Ensure that the date falls on the last day of a rental period (e.g., the end of the month) and that it provides the full 60 days’ notice required by law.
5. Tenant’s Signature
- You must sign and date the form to confirm that the notice is official. If there are multiple tenants on the lease, each tenant must sign the form for it to be valid.
6. Serving the Form
- Once completed, you need to serve the form to your landlord. There are several accepted ways to do this:
- In person.
- By mail (with five days added for mailing time).
- Via email, if the lease allows for electronic communication.
What Happens After Form N9 is Served?
Once you have served Form N9 to your landlord, a few things happen next:
1. Tenant’s Responsibilities
- You are required to continue paying rent and maintaining the unit until the termination date on the notice. If you fail to pay rent during this time, the landlord can take legal action to recover the unpaid rent.
2. Move-Out Process
- On or before the termination date, you must vacate the rental unit and return the keys to the landlord. Ensure the unit is in good condition to avoid any disputes over damage.
3. Landlord’s Responsibilities
- Once Form N9 is received, the landlord cannot try to re-rent the unit before the termination date unless they receive your consent. The landlord is also not permitted to charge rent beyond the termination date listed on Form N9.
Potential Issues to Avoid
When using Form N9, there are a few common pitfalls that tenants should avoid:
1. Giving Inadequate Notice
- Failing to provide the full 60 days’ notice can lead to legal or financial consequences. If notice is not properly given, the landlord can claim additional rent or refuse to accept the termination.
2. Wrong Termination Date
- Be sure to align the termination date with the last day of a rental period. If the termination date falls in the middle of the month, for example, the landlord may contest the notice as invalid.
3. Early Termination without Approval
- If you need to end the lease early but don’t qualify for legal exceptions, you will need to obtain your landlord’s consent or sublet the unit (with the landlord’s approval). Terminating the lease without proper notice or consent can result in penalties or a loss of your security deposit.
Frequently Asked Questions
1. Can a Tenant Withdraw Form N9 After It’s Submitted?
- Once Form N9 is submitted and the landlord accepts it, the tenant generally cannot withdraw the notice unless the landlord agrees to it. If both parties agree, a new agreement can be made to extend or modify the lease.
2. What Happens if the Tenant Doesn’t Move Out by the Termination Date?
- If the tenant does not vacate the rental unit by the termination date listed on Form N9, the landlord can file a Form L2: Application to End a Tenancy and Evict a Tenant with the LTB to enforce the termination.
3. Can a Tenant Provide Less Than 60 Days’ Notice?
- In most cases, tenants must give a full 60 days’ notice. However, exceptions exist, such as for victims of domestic violence or if the tenant is moving to long-term care.
Using Form N9 Correctly in Ontario
Form N9 is an essential tool for tenants who want to end their tenancy while complying with Ontario’s rental laws. By providing the required 60 days’ notice, ensuring the correct termination date, and serving the form properly, tenants can avoid potential disputes and penalties. It is important to understand that even after submitting Form N9, the tenant remains responsible for paying rent and maintaining the unit until the termination date.
If you have any questions about using Form N9 or face challenges with your landlord, consulting legal resources or contacting the Landlord and Tenant Board can provide guidance on how to proceed.