An N6 Notice (Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Unit) is one of the strictly enforceable, non-curable notices governed by Ontario’s Residential Tenancies Act (RTA).
Unlike notices that give tenants an opportunity to remedy the problem (such as an N5), an N6 notice carries no voiding provision. Once served, the landlord can immediately proceed with an application to the Landlord and Tenant Board (LTB).
1. Statutory Grounds for Serving an N6
An N6 notice applies strictly to two distinct legal categories under the RTA:
- Illegal Acts / Business (Section 61): The tenant, occupant, or guest commits an illegal act or carries on an illegal trade, business, or occupation in the rental unit or residential complex.
- Drug-related offenses: Production, trafficking, or possession for the purpose of trafficking.
- Non-drug offenses: Theft, physical violence, fraud, prostitution, or unpermitted commercial operations.
- Income Misrepresentation in RGI Housing (Section 60): The tenant deliberately understates, misrepresents, or fails to report household income or family composition to falsely obtain or retain Rent-Geared-to-Income (RGI) assistance.
2. Mandatory Notice Periods & Timelines
FORM N6 NOTICE PERIODS
- Drug-Related Illegal Acts Minimum 10 Days’ Notice Non-Drug Illegal Acts / RGI Fraud Minimum 20 Days’ Notice 2nd Notice (Within 6 Months) Minimum 14 Days’ Notice Remedy / Voiding Option NONE (Immediate right to file L2)
Crucial Rule: The day of service is Day 0. Day 1 begins the following day. If served by mail, add 5 extra days to the required notice period.
3. Step-by-Step Procedure for Landlords
- Gather Bulletproof Evidence — Prerequisite before serving. Because N6 hearings face heavy scrutiny at the LTB, landlords must collect time-stamped, unassailable proof. This includes police incident reports, formal criminal charges/convictions, witness statements, time-stamped surveillance footage, or audit trail records comparing CRA tax assessments against submitted RGI declarations.
- Complete Form N6 Accurately — Mandatory LTB Form. Select the correct box (Reason 1 for drug-related offenses, Reason 2 for non-drug illegal acts or RGI misrepresentation). In the details box, include exact dates, times, names, and explicit descriptions of the incidents.
- Warning: Missing specific details or dates will cause the LTB to dismiss the application.
- Serve the Tenant Lawfully — Strict service rules. Deliver the notice using an authorized method: in person, placed in the mailbox, or slid under the door. Email service is valid only if the tenant previously signed an official consent form.
- Warning: Never post an N6 on the rental unit door or send it via SMS/text message, as this invalidates the notice.
- File Form L2 with the LTB — Application to evict. Immediately after serving the N6, submit an L2 Application via the Tribunals Ontario Portal along with the original N6 notice, supporting evidence, and a signed Certificate of Service (Form COS).
- Filing Deadline: You must file the L2 application no later than 30 days after the termination date stated on the N6 notice, or the notice becomes legally void.
- Attend LTB Hearing & Lawful Enforcement — Order execution. Present your evidence and witness testimony before an LTB Adjudicator. If an eviction order is granted, it can only be enforced by the local Court Enforcement Office (Sheriff). Self-help evictions or changing locks independently remain illegal.
4. Key Differences: Form N6 vs. Form N7
Landlords dealing with severe lease violations often evaluate whether to file an N6 or an N7.
| Feature | Form N6 Notice | Form N7 Notice |
|---|---|---|
| Primary Grounds | Illegal acts/businesses, drug trafficking, RGI subsidy misrepresentation | Severe safety threats, deliberate property damage, small building interference |
| Notice Period | 10 days (Drugs) / 20 days (Other) | 10 days (all grounds) |
| RGI Fraud Covered? | Yes (Section 60) | No |
| Eviction Mechanism | Direct L2 filing (no cure period) | Direct L2 filing (no cure period) |
Ending a Tenancy for Causing Serious Problems (Form N7 Notice)
Landlords in Ontario often face difficult situations when tenants commit serious misconduct that threatens safety, causes substantial property damage, or severely disrupts the residential complex. Under the Residential Tenancies Act, 2006 (RTA), landlords can serve a Form N7 Notice to terminate the tenancy early.
At Lex Defensio, our legal team provides experienced guidance to ensure landlords satisfy all legal requirements, protect their investments, and regain control of their rental properties lawfully.
