Yes — N5 applies. Under section 64(1)(b) of the Residential Tenancies Act, the tenant is responsible for the conduct of anyone they permit on the premises. Their guest's behavior is legally their behavior for tenancy purposes.
Practical implications:
1. Serve the N5 in the TENANT'S name (not the guest). The guest is not a party to the lease and you have no contract with them.
2. The N5 should describe the guest's behavior specifically ("Mr./Ms. ___'s guest, identified as ___, has...") and note that the tenant has not addressed it.
3. The remedy required of the tenant: stop permitting that conduct (which usually means stopping the guest's visits) within 7 days.
4. If the behavior continues, file L2.
What the tenant typically argues: "I can't control my guest." The LTB doesn't accept this. The lease binds the tenant to control their guests' conduct.
VirtualPM Legal Shield handles guest-conduct N5/L2 cases at the $199/month tier. Book a free 15-minute consult.
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Practical implications:
1. Serve the N5 in the TENANT'S name (not the guest). The guest is not a party to the lease and you have no contract with them.
2. The N5 should describe the guest's behavior specifically ("Mr./Ms. ___'s guest, identified as ___, has...") and note that the tenant has not addressed it.
3. The remedy required of the tenant: stop permitting that conduct (which usually means stopping the guest's visits) within 7 days.
4. If the behavior continues, file L2.
What the tenant typically argues: "I can't control my guest." The LTB doesn't accept this. The lease binds the tenant to control their guests' conduct.
VirtualPM Legal Shield handles guest-conduct N5/L2 cases at the $199/month tier. Book a free 15-minute consult.