Application to Evict for Breach of Tenancy Agreement (N5)

Evicting a Tenant for Breach of Tenancy Agreement

As a landlord, it is essential to ensure that tenants adhere to the terms and conditions outlined in their tenancy agreements. If a tenant violates any part of the agreement, you may need to take formal action to resolve the situation. The Application to Evict for Breach of Tenancy Agreement (N5) is a legal process that allows you to request the termination of a tenancy due to a breach by the tenant.

What is the N5 Application?

The N5 Application is a formal process used by landlords to apply to the Landlord and Tenant Board (LTB) for eviction when a tenant has breached the terms of their tenancy agreement. This application is used when a tenant has failed to comply with a specific clause of the agreement, such as causing damage to the property, engaging in illegal activity, or disturbing other tenants. The N5 Application allows the landlord to seek eviction if the breach is serious and persistent.

Common Breaches of Tenancy Agreements

A breach of the tenancy agreement can occur in various ways. Some of the most common breaches that may lead to an N5 Application include:

Failure to Pay Rent: If a tenant is repeatedly late with rent payments or refuses to pay, it constitutes a breach of the agreement.
Property Damage: Significant damage to the property, beyond normal wear and tear, can be grounds for eviction under an N5 application.
Illegal Activity: Engaging in illegal activities, such as drug dealing or conducting business from the rental unit, violates the tenancy agreement and can lead to eviction.
Disturbing Other Tenants: If the tenant’s behavior is disruptive to neighbors or other tenants, such as excessive noise or harassment, the landlord may apply to evict them.
Unauthorized Occupants or Pets: If the tenant allows unauthorized individuals or pets to live in the rental unit, this can be considered a breach of the agreement.

Steps to File the N5 Application

If you have identified a breach of the tenancy agreement, you can file an N5 Application with the Landlord and Tenant Board. Here are the necessary steps to take:

Serve the N5 Notice: As a landlord, you must first serve the tenant with an N5 Notice. The notice informs the tenant that they are in breach of the tenancy agreement and that eviction may be pursued if the issue is not resolved. The notice should specify the breach and give the tenant an opportunity to fix the issue.
Provide Details of the Breach: In the N5 Notice, include a clear explanation of how the tenant has breached the agreement, including dates, details of the violation, and the specific clause of the tenancy agreement that has been violated.
Wait for Tenant’s Response: After serving the N5 Notice, the tenant has a set period to respond. Depending on the nature of the breach, the tenant may either remedy the violation or dispute the issue.
File the N5 Application with the Landlord and Tenant Board: If the tenant does not resolve the breach or fails to comply with the notice, you may file the N5 Application with the Landlord and Tenant Board. Along with the application, you will need to submit any supporting documentation, such as the signed tenancy agreement, the N5 Notice, and any evidence of the breach.
Attend the Hearing: Once the N5 Application is filed, the Landlord and Tenant Board will schedule a hearing. You and the tenant will have an opportunity to present your case. Be sure to bring all relevant documents, including the tenancy agreement, the N5 Notice, and any evidence showing that the breach occurred.

What Happens After Filing the N5 Application?

After filing the N5 Application and attending the hearing, the Landlord and Tenant Board will issue a decision based on the evidence presented. Possible outcomes include:

Eviction Order: If the Board finds that the breach is significant and the tenant has not rectified the issue, it may issue an eviction order. The tenant will be required to vacate the rental property within a specified timeframe.
Payment or Remedy Plan: In some cases, the Board may allow the tenant more time to resolve the breach, especially if it involves rent arrears. If the tenant makes payment or corrects the issue, the eviction may be avoided.
Dismissal of the Application: If the tenant can prove that the breach did not occur or that it was not substantial enough to warrant eviction, the Board may dismiss the N5 Application and allow the tenant to remain in the property.

Why File the N5 Application?

The N5 Application is essential for landlords who face tenants breaching their tenancy agreements. Filing the application allows you to:

Enforce the Terms of the Agreement: The N5 process ensures that tenants are held accountable for their obligations, whether they involve paying rent, taking care of the property, or adhering to other terms.
Resolve Disputes Legally: The N5 Application provides a legal mechanism for resolving disputes with tenants, especially if informal attempts have failed.
Protect Your Investment: As a landlord, your rental property is an investment. By filing the N5 Application, you can protect your property and ensure that the tenants comply with the terms of the agreement.

How a Paralegal Can Help with the N5 Application

While you can handle the N5 Application process yourself, seeking professional assistance from a paralegal can help make the process smoother and more effective. A paralegal can assist you with:

Serving the N5 Notice Correctly: A paralegal ensures the N5 Notice is properly drafted and served according to legal requirements.
Preparing and Filing the Application: A paralegal can help prepare your N5 Application to ensure all necessary documentation is included and submitted to the Landlord and Tenant Board.
Representation at the Hearing: Paralegals can assist in presenting your case at the hearing and provide guidance on the legal aspects of the process, ensuring your case is handled properly.

Take Action Against Breaches of Tenancy Agreements

If your tenant has breached the tenancy agreement and you are considering eviction, the N5 Application is the next step in the legal process. It provides a clear path to resolve disputes and enforce the terms of the agreement. If you’re unsure of how to proceed, contact us for assistance in filing your N5 Application.

Need Help with an N5 Application?

If you’re facing issues with a tenant breaching the terms of the tenancy agreement, we can assist with the N5 Application process. Contact us today to discuss how we can help you resolve the situation and take the necessary steps to protect your property.