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N6 - Illegal Acts

The N6 notice is used when a tenant has committed an illegal act or misrepresented their income for rent-geared-to-income housing.

When to use N6​

Use an N6 for:

  • Illegal activity in the rental unit or common areas (including drug production/trafficking)
  • Running an illegal business out of the unit
  • Misrepresented income for subsidized housing

Notice requirements​

RequirementDetails
Notice Period20 days for illegal act, illegal business, and misrepresented income (RTA s.61(2)(b)/s.60)
No Voiding PeriodCannot be voided
Termination DateAt least 20 days from service, or immediate if you request immediate termination (severe cases only)
Drug production/trafficking notice period

RTA s.61(2)(a) allows a shorter 10-day notice specifically for drug production or trafficking, but this ground isn't a separate selectable option in the notice wizard today — select Illegal Act in Unit/Complex and the generated notice uses the standard 20-day period.

Serious Notice

The N6 has no voiding period. If served correctly and the grounds are valid, the tenant cannot correct and void the notice.

Types of illegal acts​

The wizard offers three grounds:

Illegal act in unit/complex​

An illegal act that:

  • Occurred in the rental unit
  • Occurred in the residential complex
  • Substantially impaired safety or rights of landlord/other tenants

Examples:

  • Assault
  • Theft
  • Criminal harassment
  • Significant property crime
  • Drug production or trafficking (see notice-period note above)

Illegal business​

Running an illegal business from the rental unit or residential complex.

Misrepresented income​

For rent-geared-to-income housing:

  • Tenant misrepresented income
  • To qualify for or maintain subsidized rent

How to generate an N6​

OntarioLandlord uses a 3-step notice wizard:

Step 1: Select property and lease​

  1. Navigate to Notices → Generate Notice
  2. Select the property and lease
  3. Click N6 - Illegal Acts

Step 2: Select reason​

Choose the applicable ground:

  • Illegal act in unit/complex (includes drug production/trafficking)
  • Illegal business
  • Misrepresented income (RGI only)

Check Request immediate termination (severe cases only) if the situation warrants a same-day termination date instead of the standard notice period.

Step 3: Describe the illegal activity​

Provide detailed description:

  • What happened - Specific illegal act
  • When - Date(s) and time(s)
  • Evidence - Police reports, witnesses, documentation
  • Impact - How it affected safety/others

Step 4: Set termination date​

Minimum 20 days from service date, unless immediate termination was requested.

Step 5: Generate​

Click Generate PDF to create the notice.

Evidence for N6​

Strong N6 cases typically include:

EvidenceImportance
Police ReportVery strong
Criminal ChargesVery strong
Witness StatementsStrong
Photos/VideoSupportive
Your ObservationsSupportive
tip

Police involvement significantly strengthens your case at the LTB.

Filing with LTB​

After serving an N6:

  1. File an L2 Application with the LTB
  2. Prepare your evidence
  3. Attend the hearing
  4. Present your case

Important considerations​

Burden of proof​

You must prove:

  • The illegal act occurred
  • It meets the threshold for the notice type
  • Proper notice was served

Criminal vs civil standard​

The LTB uses civil standard (balance of probabilities), not criminal standard (beyond reasonable doubt).

Tenant response​

The tenant may:

  • Deny the act occurred
  • Argue it wasn't illegal
  • Argue it didn't meet the threshold
  • Present mitigating factors

Common questions​

Do I need police involvement?​

Not required, but strongly recommended. Police reports provide objective evidence.

What if tenant is charged but not convicted?​

The LTB can proceed. Conviction isn't required for an N6, but charges/reports strengthen your case.

What about cannabis?​

Legal cannabis use typically doesn't qualify for N6. However, production beyond personal limits or trafficking may qualify.

After generation​

Once the N6 is generated, you can preview the PDF, e-sign it, email it to the tenant, and generate a Certificate of Service.

Next steps​