What is a Form N11?
A Form N11 or “Agreement to end a tenancy” is a form that both a landlord and a tenant can sign in Ontario to agree to end an existing tenancy.
The most important thing for a renter to know is they do not have to sign a Form N11 if they do not want to end their tenancy and leave their home, no matter what their landlord says. It is supposed to be a voluntary, mutual decision.
Renters should also be aware that signing an N11 limits your rights with filing a Form T5 “Landlord gave a Notice of Termination in Bad Faith” against your landlord after the fact. It can also void your right to compensation if a landlord says their family, or a purchaser, wants to move in. In that situation, your landlord should provide you with an N12 form – not an N11. Therefore, you should only sign an N11 if you want to move out and end your lease early.
Landlords should use the proper notice eviction form
Different types of evictions require different notice forms. If your landlord says they are moving into your home, or a purchaser is, they should serve you a Form N12 “Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit,” instead. Form N12s do not require you to sign anything. However, this form entitles tenants to compensation in the amount of one month of rent.
Similarly, in cases of extensive renovations, repairs, or conversion, the landlord must provide the tenant with a Form N13 “Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use.” The landlord must also provide compensation (and proof of a building permit) if they need the tenant to vacate the unit for extensive renovations. By law, tenants also have the “right to return.” They can inform the landlord in writing if they intend to move back into the unit (at the same rent) when the renovations are complete.
If you have fallen behind in your rent payments and your landlord wants to evict you, your landlord should serve you a Form N4 “Notice to End your Tenancy for Non-payment of Rent.” Again, a Form N4 does not require you to sign anything; and it allows you to void the notice and stay in the unit if you pay all the rent owed.
Remember, your landlord cannot legally evict you themselves, even if they give you a notice of eviction form. You have the right to attend a hearing to present your side and dispute the eviction. Depending on the outcome of a hearing, the Landlord and Tenant Board may issue an eviction order to your landlord. Afterwards, a landlord can take the order to the Court Enforcement Office (Sheriff) to enforce the eviction. If you receive any type of eviction notice from your landlord, it’s important to read the documents carefully and get legal advice right away.
Why some landlords might be pressuring their tenants to sign N11s
High rents and a lack of affordable housing units mean that the rental housing market in Ontario is exceptionally challenging for most tenants; and financially lucrative for most landlords. This context is critical to understand because some landlords attempt to pressure or manipulate their tenants into signing Form N11s.
Landlords do this because they could make more money on their unit if they can get their old tenants out, because of a rent control loophole called vacancy decontrol. Vacancy decontrol allows landlords to charge whatever amount of rent they want to a new tenant.
The lack of vacancy control in Ontario means rents have gone up anywhere from 10 to 30% each year. Asking rents for a 1-bedroom unit across Ontario average $2,191 per month. However, the median income for renters across Ontario hovered at just $3,433 per month (as of the 2022 census). To afford the average asking rent, Ontario renters may pay over 60% of their income towards housing costs – markedly increasing their risk of homelessness. In order to afford the average 1-bedroom in Ontario, renters need to earn ~88,000 per year.
That’s why renters need to think very carefully about whether they should sign a Form N11, especially if they’re been living in the unit for a long time. It will be difficult–and in some cases, impossible–to find a similar sized unit in the same community for an affordable rent. Under Ontario law, renters have the right to stay in their homes until the Board terminates their tenancy. A landlord’s quest to make more money shouldn’t force renters to give up their home.
