LTB Form N11: Agreement to End the Tenancy

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Sometimes a landlord and tenant mutually agree to end a tenancy. Facilitating this process effectively starts by completing Form N11: Agreement to End the Tenancy. 

What is Form N11?

Form N11: Agreement to End the Tenancy is provided by the Ontario Landlord and Tenant Board (LTB). The LTB provides official legal forms and notices and conducts hearings in order to facilitate landlord and tenant matters in the province.

Form N11 is used as a formal agreement between landlords and tenants to voluntarily end a tenancy. 

When to Use Form N11?

Landlords and tenants can use Form N11 when they mutually agree to terminate the tenancy. Unlike most other LTB Forms, N11 cannot be used unilaterally by one party, but rather only when both parties wish to act together to end the rental agreement.

Sometimes, landlords do not think this form is necessary because of an amicable relationship with the tenant. However, it is important to formalize the agreement in case the tenant fails to move out or attempts to change their mind. 

How to Complete Form N11?

Form N11 is short and comparatively easy to fill out compared to most other LTB forms. The Form begins with names and the unit address. 

Then the drafter fills in the termination date. This is a key decision, which becomes the day the tenant will move out and the lease will terminate.

This part of the form states “The landlord and the tenant agree that the tenancy will end on dd/mm/yyyy.  This is the termination date. The tenant will move out of the rental unit on or before the  termination date.”

The rest of the form is made up of clauses that explain the key points of the agreement. 

• Landlord Can Evict: Form N11 gives the landlord the right to evict the tenant if they are still present on the termination date. There is no additional waiting period and the LTB can order immediate eviction.
• Tenant Must Move Out: The tenant must move out and take all possessions by the termination date. The tenant forfeits the right to possessions left after the termination date.
• Tenant Cannot Be Required to Sign: The landlord cannot require a tenant to sign Form N11 as a condition of the leasing of the unit. If this does happen, the tenant is not obligated and does not have to move out based on the flawed N11. However, there are several exceptions to this rule
  • The unit is an accommodation for post-secondary schooling in agreement with the educational institution.
  • The unit is used for rehabilitative care and meets additional conditions under the Housing Services Act.

At the bottom, both parties must sign. Both parties should keep a copy of the agreement.

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After Completing Form N11

Once both parties sign Form N11, the tenancy will be terminated as per the agreed-upon terms. Landlords should ensure compliance with any additional conditions outlined in the agreement and handle matters such as returning security deposits and conducting move-out inspections. 

If the tenant does not move out as agreed, the landlord then has immediate recourse. This is why it is important to file the N11 previously and to obtain an eviction judgment for the termination date. If the tenant has not moved out, landlords can immediately take steps to enforce an eviction.

Additional Considerations for Form N11

When you use Form N11 to end a rental agreement, it's a good idea to also make a separate agreement that clearly explains the details of how the tenancy will end. 

This is important if the landlord is paying the tenant to leave (Cash for Keys). This additional agreement should clearly state how much money will be paid, when and how it needs to be paid, and any other important details about the tenant leaving and the condition of the property. 

To make sure this agreement is done correctly and includes the necessary clauses, it's recommended to get help from a real estate lawyer. A lawyer can help write the agreement to make sure everything is clear and fair.

They can also help negotiate between the landlord and the tenant. Having a lawyer involved can make the process smoother and ensure that both sides understand and agree to the terms, helping to avoid any problems later on.

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Summary

LTB Form N11: Agreement to End the Tenancy provides a formal framework for landlords and tenants to voluntarily terminate a tenancy agreement. By completing and signing Form N11, both parties mutually agree to end the tenancy, resolving any outstanding issues for the involved parties.

The Form also provides a record and legal recourse for the landlord should the tenant fail to comply with the agreement. While Form N11 offers a streamlined approach to ending a tenancy through mutual agreement, both landlords and tenants need to understand the terms and implications of the agreement fully.

Seeking legal guidance of an experienced real estate lawyer to review the document and provide additional drafting in the form of a complimentary agreement can help ensure clarity and prevent misunderstandings.

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