The N14 notice is a Board approved form that landlords can give to the spouse of a tenant, if the tenant moved out of a rental unit without giving notice.
The N14 notice informs the spouse of what they must do if they want to stay in the rental unit and become the tenant.
Exception: If the rental unit is located in a building that contains three or fewer units and the landlord resides in the building, the spouse does not have the option to become the tenant, unless the spouse and the landlord agree. In this case, the landlord does not use the N14 notice.
Unless the exception set out above applies to Landlord tenant(s), landlord can use the N14 notice in the following situation:
- the tenant moved out of the unit without giving landlord a notice of termination, without getting a notice of termination from landlord, and without agreeing with landlord to move out,
- the spouse of the tenant is still residing in the rental unit, and
- the tenant owes landlord rent. If the above conditions are met, landlord can serve the N14 notice to the spouse, and the spouse can either choose to become the tenant of the rental unit, or choose to move out. Landlord must give the spouse the N14 notice within 45 days from the day he/she believes the tenant moved out of the rental unit. Landlord does not have to give the spouse the N14 notice if:
- it has been more than 45 days since the day you believe the tenant moved out, or
- the tenant that moved out was not in arrears of rent. In these situations, landlord may apply to the Landlord and Tenant Board to evict an unauthorized occupant (form A2). A hearing will be held before an order is issued