Ontario N6 Notice: How to End a Tenancy for Illegal Acts

The N6 Notice to End a Tenancy Early for Illegal Acts or Misrepresentation of Income is one of the few Ontario LTB notices that gives a tenant no chance to fix the problem. There is no void period. There is no second notice. If you can establish the grounds, you serve the N6, wait for the notice period to expire, and file an L2 application at the Landlord and Tenant Board if the tenant stays.

For landlords in London, St. Thomas, Strathroy, and across Ontario who are dealing with tenants running illegal operations, dealing drugs, or using the unit in ways that create genuine safety risks, the N6 is the appropriate tool — not the N5, which covers behaviour problems and requires giving the tenant a chance to stop.

Understanding when the N6 applies, how to document the grounds, and what happens after you serve it will determine whether your LTB application succeeds.

What the N6 Covers

The N6 is based on Section 61 of Ontario's Residential Tenancies Act. It gives landlords two distinct grounds for ending a tenancy early:

Ground 1: Illegal act, trade, business, or occupation. The tenant, an occupant, or a person the tenant has permitted into the unit has committed an illegal act or is carrying on an illegal trade, business, or occupation in the unit or anywhere in the residential complex.

Ground 2: Misrepresentation of income. The tenant obtained a rent-geared-to-income (RGI) or subsidized unit by misrepresenting their income or assets when they applied.

Most private landlords with market-rate rentals will use Ground 1. Ground 2 is primarily used by social housing providers dealing with tenants who lied on their income verification to qualify for a subsidized unit.

What Counts as an Illegal Act Under Ground 1

The RTA does not define "illegal act" exhaustively, but LTB decisions and case law make clear what qualifies:

• Drug production: Growing marijuana beyond legal personal-use limits, operating an unlicensed cultivation or processing operation, producing controlled substances
• Drug trafficking: Dealing, distributing, or possessing drugs for the purpose of trafficking out of the unit
• Running an unlicensed business that violates municipal bylaws or provincial regulations in a way that constitutes an offence
• Operating an unlicensed short-term rental in a municipality that prohibits it by bylaw (in some cases)
• Gambling operations run from the unit
• Criminal activity that affects the complex: Theft from other tenants, assault on neighbouring tenants or the landlord, criminal harassment

Note: the illegal act must occur in the rental unit or somewhere in the residential complex. Illegal activity that takes place elsewhere does not trigger the N6.

The act must also be genuinely illegal under the Criminal Code, Controlled Drugs and Substances Act, or another statute — it is not enough that a tenant is doing something you disapprove of. There is a real difference between behaviour that is disruptive or annoying (address with an N5) and behaviour that is actually unlawful (address with an N6).

Notice Periods: Two Timelines

Unlike the N5 or N4, the termination date on an N6 is not the same in every situation. There are two possible timelines depending on the nature of the illegal act:

10-day termination period — Use this when:

• The illegal act involves the production of, trafficking in, or possession for the purpose of trafficking a controlled substance or precursor as defined under the Controlled Drugs and Substances Act (Canada), OR
• The act could endanger the safety of others in the building

These are the most serious situations — drug operations and safety threats — and the RTA allows a landlord to demand the unit be vacated in 10 days.

20-day termination period — Use this for:

• All other illegal acts that do not involve controlled substances or direct safety threats

If you are not certain which category applies, default to the 20-day period and consult a legal professional before serving. Choosing the wrong timeline is a procedural error that could invalidate the notice.

For misrepresentation of income (Ground 2): The termination date must be at least 60 days after the notice is given, and it must fall on the last day of a rental period.

How to Document the Illegal Act Before You Serve

An N6 carries no weight at the LTB unless you can support it with evidence. The LTB decides cases on a balance of probabilities — but that still means you need enough documentation to make your case credible.

Before you serve the N6, collect:

• Your own written record: Dates, times, and specific descriptions of what you observed. Note the date you became aware of the illegal activity. Keep this contemporaneous — written the day of, not two weeks later.
• Police reports or incident numbers: If police have been called to the property, request the incident number. If an arrest was made or charges laid, document the charges.
• Witness statements: Other tenants who have observed the activity, neighbours, or anyone else who can speak to what they saw. Get written statements with dates, names, and contact information.
• Photographs or video: If you can lawfully observe the activity without entering the unit (from common areas, for example), document what you see. Do not enter the unit without proper notice — collecting evidence through an illegal entry will hurt your case.
• Communications: Text messages, emails, or notes of conversations where the tenant acknowledged the activity or where you received complaints.

The more specific your documentation, the more credible your LTB application. Vague statements like "I believe my tenant is dealing drugs" are not enough. Specific entries like "On June 12, 2026 at 11:40 pm, I observed four separate individuals entering and leaving unit 2 within 45 minutes, accompanied by the smell of marijuana and what appeared to be cash exchanging hands" carry real weight.

See landlord record keeping Ontario for how to set up a proper documentation system before problems arise.

How to Complete and Serve the N6

Download the N6 form from Tribunals Ontario. Complete it as follows:

1. Unit and address: Enter the full address and unit number
2. Tenant name(s): Include all tenants named on the lease
3. Ground: Select the appropriate ground — illegal act or misrepresentation of income
4. Description of the illegal act: Write a clear, specific description of what occurred, where, and when. Be factual. Do not use emotional language.
5. Termination date: Calculate the date based on the 10-day or 20-day rule and enter it on the form. The date must be at minimum the required number of days after the tenant receives the notice — not after you sign it.
6. Signature and date

How to serve the N6:

Under the RTA, you can serve the N6 by:

• Hand-delivering it to the tenant directly
• Leaving it in the mailbox or mail slot of the rental unit
• Sending by courier (deemed received the next day)
• Regular mail — but the deemed receipt date adds 5 days, so factor that into your termination date calculation
• Email — only if the tenant has agreed in writing to receive notices by email

For any method other than hand-delivery, the date the notice is deemed received matters for calculating the termination date. If you serve by mail and the 10-day clock starts from deemed receipt, the termination date needs to reflect the mailing delay.

Keep a copy of everything: the completed N6, the date of service, and how you served it. If you hand-delivered it, note the time and whether the tenant acknowledged receipt.

If the Tenant Does Not Leave

Most tenants who receive an N6 do not leave voluntarily — especially if the activity was serious enough to warrant the N6 in the first place. If the tenant remains past the termination date, you must file an L2 application at the Landlord and Tenant Board to get an eviction order.

The L2 application must be filed within 30 days of the termination date on the N6. If you miss that window, the N6 is void and you must start over. File promptly.

When you submit the L2:

• Attach a copy of the N6 and your proof of service
• Include your documentation of the illegal activity (your written records, police reports, witness statements)
• Pay the required filing fee

The LTB will schedule a hearing. Current wait times in the London/Southwestern Ontario region can run several months, so file as soon as the termination date passes if the tenant has not left. Review LTB hearing preparation for Ontario landlords to understand what to expect and how to prepare your case file.

What Happens at the LTB Hearing

At the hearing, you will need to prove on a balance of probabilities that the illegal act occurred. Present your evidence clearly and in chronological order.

The LTB member will consider:

• The nature and seriousness of the illegal act
• Whether the act is ongoing or was a one-time event
• The impact on other tenants, neighbours, or the property
• The tenant's history and circumstances

Unlike many eviction grounds, the LTB does not have a mandatory duty to give the tenant a remedial opportunity for illegal acts — there is no "fix the problem and the notice is void" provision. However, the LTB still has general discretion under Section 83 of the RTA to delay or refuse an eviction order if the circumstances warrant it. See RTA Section 83 Ontario for a full explanation of how that discretion works and how to address it in your case.

To counter a potential Section 83 argument from the tenant, come prepared with:

• Evidence that the illegal activity is ongoing (not a resolved, one-time event)
• The impact on other residents in the building
• Any previous warnings or related incidents that show a pattern

Common Mistakes Landlords Make with the N6

1. Using an N5 when the situation calls for an N6. The N5 is for behaviour problems. The N6 is for genuinely illegal activity. If a tenant is dealing drugs from the unit, an N5 is the wrong form — it gives them 7 days to "stop" and continue living there. Use the N6.

2. Serving the N6 without documentation. The N6 notice itself does not prove anything. You need evidence at the L2 hearing. Don't serve the notice first and try to gather evidence later — the evidence should come before the notice.

3. Choosing the wrong notice period. A 10-day notice for a situation that requires 20 days — or vice versa — is a defective notice. The LTB can dismiss your L2 application over a procedural error like this.

4. Waiting too long to file the L2. Once the termination date passes, you have 30 days to file. Many landlords wait to see if the tenant will leave, then miss the window. File as soon as the date passes if the tenant has not vacated.

5. Relying solely on suspicion. "I think my tenant is dealing drugs" is not grounds for an N6. You need observable facts — what you saw, heard, or have evidence of — not a gut feeling.

6. Entering the unit without notice to gather evidence. Entering without proper notice violates the RTA and exposes you to a T2 application from the tenant. Any evidence collected this way may be challenged at the hearing.

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If you are dealing with illegal activity in your rental property, it is worth getting proper support before you act. The LTB process for N6 applications is procedurally specific, and errors early in the process can set you back weeks or months.

Prospera Properties manages residential properties in London, St. Thomas, and Strathroy, Ontario. We handle tenant issues, notice preparation, and LTB applications for small landlords who don't have time to manage this on their own. If you're working through a difficult tenancy situation and want professional guidance, reach out to us to talk through your options.