Real Estate

Gave tenant N11 form what is next step?

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  • Mar 18th, 2022 1:01 pm
[OP]
Jr. Member
Oct 3, 2012
119 posts
21 upvotes
Scarborough

Gave tenant N11 form what is next step?

Yesterday my dad dropped off directly to my tenant the N11. Back in January over the the phone tenant verbally agreed to leave by end of August which is the last cheque I have. Just wondering what happens if 3 weeks later tenant hasn't signed back N11?
FYI - I am evicting tenant because they are trouble causing tenants. Last 4 years got tons of complaints from condo and one from City of Toronto on my tenant. I am also pulled into lawsuit because tenant's dog bit someone on my property.
2 replies
Deal Addict
Dec 3, 2013
1227 posts
2004 upvotes
Somewhere over the r…
I think you need to tread carefully here and fully understand what route you are choosing and why.

An N11 is not an eviction notice. It's a mutual agreement to end the tenancy. You said you are evicting your tenants in which case an N5 is used. You must file the correct paperwork or the process can start again. The board is very picky over paperwork. If the tenants do not sign the N11 form they do not have to move. If they do sign the N11 form they have to move but may change their mind in which case you have to start the eviction process with an N5 and start all over again and wait upwards of a year.

If your planning to use it for your own use or that of family member you use an N12 and must pay them one months rent

Simply put if you are evicting them and want them gone, use the N5 form. If you are both agreeing to part ways, use the N11 form. Either way cross your fingers and hope they leave and don't be surprised if they don't when they see the current market rates after being at your place for the past 4 years which is when the real battle begins
Deal Addict
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Jan 2, 2012
4454 posts
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Toronto
redfox2 wrote: Yesterday my dad dropped off directly to my tenant the N11. Back in January over the the phone tenant verbally agreed to leave by end of August which is the last cheque I have. Just wondering what happens if 3 weeks later tenant hasn't signed back N11?
FYI - I am evicting tenant because they are trouble causing tenants. Last 4 years got tons of complaints from condo and one from City of Toronto on my tenant. I am also pulled into lawsuit because tenant's dog bit someone on my property.
As mentioned, tenant has zero obligation to sign an N11 regardless of what they may have said on the phone. N11 is completely voluntary on the tenants part.

However if they do sign it, you can then immediately file an L3 form with the LTB to get in line for a hearing just in case they don't actually leave by the N11 date. This may be good timing to do early, if they are supposed to leave end of August.

If they don't sign the N11 you can try the N5 / L2 to forcefully evict, but beware this process is very specific and can be hard to prove to LTB so is recommended to use a paralegal/lawyer to go through the N5 / L2 process. Here's a good article on the N5 and how to use it: https://ontariolandlordandtenantlaw.blo ... ating.html
You can proceed with the N5 even before their fixed term lease is up.

You can also try cash for keys, by offering a sizeable cash amount given to the tenants when they actually vacate.

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