LandlordEzy

Tenant's guest is the problem, not the tenant — N5 still applies?

by LandlordEzy Team · · 2 views 🆘 Paralegal review
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Scenario: the tenant themselves is fine. But their boyfriend / girlfriend / adult child stays over constantly and is the source of noise, damage, or harassment of other tenants.

Does N5 work, or do you need a different notice?
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OLH Property Management 📌 Pinned ·
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.

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