Ontario Landlords: A Complete Guide to the N6 Notice for Illegal Acts or Misrepresentation (2025 Update)

The N6 Notice ("Notice to End Your Tenancy for Illegal Acts or Misrepresentation") is one of the most serious notices a landlord can issue under Ontario's Residential Tenancies Act, 2006 (RTA)^[1].

It applies when a tenant — or someone the tenant permits on the property — is alleged to have committed certain illegal acts, or when the tenant has knowingly misrepresented information to the landlord.

Unlike other notices, the N6 can allow for immediate termination without a correction period, depending on the type of illegal activity involved.

Because these allegations are significant, the Landlord and Tenant Board (LTB) requires clear factual evidence and strict adherence to the procedural rules for an eviction to be granted^[3].

What an N6 Notice Is

The N6 is used when a landlord believes that a tenant, occupant, or guest has:

• Committed an illegal act in the rental unit or residential complex
• Committed an illegal business activity on the premises
• Knowingly misrepresented income or household information in subsidized housing
• Knowingly provided false information to the landlord during an application process

These grounds are set out under section 61 of the RTA, along with several related provisions^[1].

Importantly, not every criminal allegation qualifies. The LTB considers only certain types of illegal conduct as justification for eviction.

Examples of Illegal Acts That Can Justify an N6

1. Serious Criminal Activity

Examples include:

• Drug production, trafficking, or distribution inside the unit
• Violence or threats of violence
• Weapons-related offences
• Theft or property crime affecting the landlord or other tenants

These are considered "serious illegal acts," and the termination date may be as short as 10 days.

2. Illegal Business Conduct

This includes:

• Running a business that violates municipal or provincial law
• Operating a short-term rental business without authorization
• Unlicensed commercial activity on residential property

3. Misrepresentation in Subsidized Housing

Under section 60 of the RTA, a tenant may be evicted for:

• Misstating income
• Failing to report required household changes
• Providing false documents

This applies only to social housing programs where rent is geared to income.

Termination Periods Under the N6

There are two types of N6 notices, depending on the nature of the illegal activity:

Evidence Requirements for an N6

The LTB requires actual evidence, not assumptions or suspicion^[3].

Examples include:

• Police reports (not mandatory, but supporting)
• Photographs or video evidence
• Witness statements
• Official notices from authorities
• Landlord's incident logs or written communication
• Social housing verification documents (for misrepresentation cases)

The standard of proof at the LTB is the balance of probabilities, not "beyond a reasonable doubt."

Serving the N6 Notice Properly

The N6 must be served using the methods allowed under section 191 of the RTA^[1], such as:

• Hand delivery
• Mail or courier
• Placing in the tenant's mailbox or mail slot
• Email only if the tenant previously agreed in writing

A Certificate of Service must also be completed and filed with the LTB before the hearing^[4].

What Happens After Serving the N6

If the landlord wishes to proceed with eviction, the next step is filing:

At the LTB hearing, the Member will consider:

• Whether the act occurred
• Whether it qualifies as an "illegal act" under the RTA
• Whether the tenant caused or permitted the act
• Whether eviction is appropriate or if another remedy applies

Even with an N6, the LTB may consider alternative orders depending on the impact, severity, and evidence^[3].

When to Seek Professional Support

Illegal-act applications are among the most complex hearings at the LTB.

These cases involve sensitive allegations, strict procedural rules, and heavy evidentiary burdens.

Many landlords seek assistance preparing:

• The N6
• Evidence packages
• Witness statements
• Written submissions
• The L2 application
• Hearing representation

A properly prepared file can significantly increase the likelihood of a successful outcome.