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
- Production of illegal drugs
- Trafficking in illegal drugs
- Misrepresented income for subsidized housing
Notice Requirements
| Requirement | Details |
|---|---|
| Notice Period | 10 days |
| No Voiding Period | Cannot be voided |
| Termination Date | At least 10 days from service |
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
Reason 1: Illegal Act
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
Reason 2: Illegal Drug Production
Production of an illegal drug in:
- The rental unit
- Common areas
Reason 3: Drug Trafficking
Trafficking illegal drugs from:
- The rental unit
- Common areas
Reason 4: Income Misrepresentation
For rent-geared-to-income housing:
- Tenant misrepresented income
- To qualify for or maintain subsidized rent
How to Generate an N6
Step 1: Go to Notices
- Click Notices in the sidebar
- Click Generate Notice
- Select the lease
- Click N6 - Illegal Acts
Step 2: Select Reason
Choose the applicable reason(s):
- Illegal act substantially impairing safety
- Production of illegal drugs
- Trafficking in illegal drugs
- Misrepresented income (RGI only)
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 10 days from service date.
Step 5: Generate
Click Generate PDF to create the notice.
Evidence for N6
Strong N6 cases typically include:
| Evidence | Importance |
|---|---|
| Police Report | Very strong |
| Criminal Charges | Very strong |
| Witness Statements | Strong |
| Photos/Video | Supportive |
| Your Observations | Supportive |
Police involvement significantly strengthens your case at the LTB.
Filing with LTB
After serving an N6:
- File an L2 Application with the LTB
- Prepare your evidence
- Attend the hearing
- 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.