N6 Eviction for Illegal Acts or Business
Ontario’s Residential Tenancies Act, 2006 (RTA) allows landlords to terminate a tenancy if a tenant—or someone they permit in their unit—commits an illegal act, trade, business, or occupation within the rental unit or the residential complex. These cases, processed through Form N6, are serious and require strict compliance with notice periods, evidence, and the Landlord and Tenant Board (LTB) process.
At Haider Khan Legal P.C., we represent landlords in N6 eviction applications, ensuring your case is handled properly, backed by strong evidence, and expedited wherever possible.
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Our all-inclusive package covers:
A legal fees payment plan of up to three (3) months.
Preparation and proper service of the N12 Notice. Process serving fees are included.
Filing the L2 eviction application with the LTB (our fee includes the $186 LTB filing fee).
Drafting, organizing and serving evidence.
Preparing and coordinating relevant witnesses.
Attending the LTB hearing and representing you before the adjudicator.
Securing an eviction order.
If the tenant still refuses to leave after the order is granted, we will prepare and file sheriff enforcement paperwork (sheriff fees are not included and payable directly by the landlord to the Sheriff of your jurisdiction).
Please note that this fee only applies to standard tenant evictions for personal use. If your case is complex or requires extra steps, we reserve the right to quote an additional or increased fee. -
Form N6 – Notice to End a Tenancy for an Illegal Act or Business is used when:
The tenant or another occupant commits an illegal act in the unit or the complex (e.g., drug production or trafficking, operating an unlawful business);
The tenant permits others to commit illegal acts in the unit or common areas; or
The tenant carries on an illegal trade, business, or occupation (e.g., unauthorized and repeated Airbnb rentals, organized criminal activity).
N6 cannot be voided by tenant compliance—once served, you can file for eviction regardless of whether the tenant stops the illegal activity.
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The RTA doesn’t define “illegal,” but the courts and LTB treat it as a serious breach of federal, provincial, or municipal law—not a technical violation.
Examples of acts that can justify eviction include:
Drug offences: Production, trafficking, or possession for the purpose of trafficking;
Operating a business without authorization (e.g., repeated illegal sublets or short-term rentals like Airbnb at above-market rates);
Fraud or organized criminal activity that impacts the building or other tenants;
Serious violations of zoning, health, or safety laws impacting the complex.
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The RTA provides two timelines for serving N6 notices:
10-Day Notice (Fast-Track Eviction) – For drug production, trafficking, or possession for trafficking purposes.
20-Day Notice – For all other illegal acts, trades, or businesses.
After serving the notice, you can file an L2 application immediately with the LTB, but no later than 30 days after the termination date.
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You don’t need to prove the tenant committed the act personally. If the tenant knew about or was wilfully blind to the illegal activity, the LTB can infer they permitted it.
For example:
A tenant who knows their guest is running a drug operation but “turns a blind eye” can still be evicted.
Knowledge can be inferred from circumstances, even without direct admissions.
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Unlike criminal law, you don’t need to prove illegal activity “beyond a reasonable doubt.” The LTB decides based on a balance of probabilities—whether your evidence makes it more likely than not that the illegal act occurred.
Police charges or convictions are not required for eviction but can help your case. Conversely, a criminal charge alone doesn’t automatically prove the illegal act; evidence must still be presented.
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Under section 83 of the RTA, the LTB must weigh the seriousness of the illegal act against factors like:
The tenant’s length of tenancy;
Financial and family circumstances (e.g., presence of children);
The tenant’s likelihood of repeating the illegal act;
Whether the act truly impacts the landlord or other tenants.
Instead of outright eviction, the LTB may impose conditions (e.g., barring a specific guest, prohibiting a prohibited business, or requiring removal of dangerous items). Failure to comply allows the landlord to seek eviction ex parte (without a hearing) under section 78.
Why Choose Haider Khan Legal?
Illegal acts can endanger your property, other residents, and your liability as a landlord.
Let us handle the legal process so you can act fast, stay compliant, and remove problematic tenants lawfully.
Contact Haider Khan Legal P.C. today to start your N6 eviction.
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