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
| Requirement | Details |
|---|---|
| Notice Period | 20 days for illegal act, illegal business, and misrepresented income (RTA s.61(2)(b)/s.60) |
| No Voiding Period | Cannot be voided |
| Termination Date | At least 20 days from service, or immediate if you request immediate termination (severe cases only) |
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.
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
- Navigate to Notices → Generate Notice
- Select the property and lease
- 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:
| 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.
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.