Yes. In Ontario, if you and your roommate signed the same lease, you are bound by joint and several liability. This means if your roommate commits an illegal act in the unit (like drug trafficking or violence), the landlord can serve an N6 eviction notice to terminate the entire tenancy, potentially evicting you even if you were at work and completely innocent.
Renting a house with roommates is incredibly common for students and young professionals in expensive cities like Toronto, Waterloo, and Kingston. 📝 While splitting a $3,000 monthly rent makes life affordable, signing a single lease together creates a heavily binding legal relationship. Many tenants mistakenly believe that they are only legally responsible for their own specific bedroom or their half of the rent, but Ontario tenancy law views all co-signers as one single entity.
This concept is known as “joint and several liability.” 📑 Under the Residential Tenancies Act (RTA), if any person on the lease commits a serious illegal act on the residential complex, the landlord has the legal right to pursue an eviction against everyone listed on the tenancy agreement. Facing an N6 eviction notice because of a roommate’s dangerous behaviour is terrifying, but understanding how to navigate the Landlord and Tenant Board (LTB) can help you protect your housing record.
Step-by-Step Process for Responding to an N6 Notice in Ontario
Receiving an N6 (Notice to End your Tenancy for Illegal Acts or Misrepresenting Income) is a high-priority emergency. ❗ Unlike some eviction notices that allow you to “void” them by paying what you owe, an N6 for a serious illegal act usually has no void option. Most applicants in this province take the following steps immediately to defend themselves.
Step 1: Read the Notice Carefully
The N6 notice will specify exactly what illegal act the landlord believes occurred. 🗂 It will also have a termination date. For serious crimes like producing or trafficking illegal drugs, the termination date can be as little as 10 days. For other illegal acts, it is typically a 20-day notice. Do not pack your bags just yet; an N6 is only a notice, not a final eviction order.
Step 2: Assess Your Joint Liability
Check your original lease agreement. 🔍 If your name and your bad roommate’s name are on the exact same Ontario Standard Lease, you are jointly liable. If you each signed separate, individual leases for your specific bedrooms (a common setup in student housing), you are generally protected, and the landlord can only evict the specific individual who committed the act.
Step 3: Communicate with the Landlord
If you are jointly liable, contact your landlord immediately in writing. 📧 Explain that you had absolutely no knowledge of the illegal act, that you were at work, and that you do not condone the behaviour. You can attempt to negotiate a solution where the bad roommate voluntarily signs an N11 (Agreement to End the Tenancy) for themselves, while the landlord agrees to let you sign a brand new lease to stay.
Step 4: Prepare Your Defence for the LTB Hearing
If the landlord refuses to negotiate, they will file an L2 application with the LTB to schedule an eviction hearing. 💼 You must prepare to defend yourself. Gather evidence showing you were not present (e.g., timecards from your workplace, GPS data). You must prove that you did not permit, invite, or ignore the illegal activity in the rental unit.
Step 5: Request Relief from Eviction (Section 83)
During the LTB hearing, your strongest argument is invoking Section 83 of the RTA. ⚖️ This section gives the adjudicator the discretionary power to grant “relief from eviction.” You will argue that it would be fundamentally unfair to evict an innocent tenant into a severe housing crisis because of the uncontrollable, hidden actions of a co-tenant.
How Much Does it Cost to Defend an Eviction in Ontario?
As a tenant, you do not pay any government fees to defend yourself at an LTB hearing. 💵 However, legal representation is highly recommended for serious N6 cases. As of May 2026, here are the potential costs:
| LTB Hearing Fee for Tenants | $0 CAD (Free to attend and defend) |
| Consulting a Duty Counsel | $0 CAD (Available on the day of hearing) |
| Hiring a Licensed Paralegal | $1,000 to $3,000 CAD (For complex illegal act defenses) |
| Sheriff Enforcement Fee | $315+ CAD (Charged to the landlord if you lose and refuse to leave) |
How Long Does the Process Take?
Evictions for illegal acts are often expedited by the LTB due to safety concerns. 🕐 While a standard non-payment eviction might take 8 months, an N6 hearing for serious crimes (like weapons or drug manufacturing) can be scheduled in as little as 4 to 8 weeks. If the adjudicator sides with the landlord, they may order you to vacate the unit in just 10 to 14 days following the hearing.
Frequently Asked Questions (FAQ)
What exactly is “joint and several liability”?
It is a legal doctrine meaning all tenants on a single lease act as one entity. If rent is short by $500, the landlord can sue either tenant for the full $500. If one tenant commits a crime in the unit, the lease itself is in breach, putting all tenants at risk.
Can the landlord call the police on my roommate?
Yes. If the landlord suspects illegal activity, they have the right to contact the Ontario Provincial Police (OPP) or local municipal police. A police report heavily strengthens the landlord’s N6 case at the LTB.
Can I just move out and stop paying my half of the rent?
No. If your name is on the lease, moving out does not instantly erase your liability. If your remaining roommate stops paying the rent, the landlord can pursue you through the LTB or Small Claims Court for the arrears.
How do I legally remove a bad roommate from a joint lease?
In Ontario, you cannot unilaterally kick out a co-tenant. You must have the agreement of all parties (you, the bad roommate, and the landlord) to sign an amendment removing them, or everyone must agree to terminate the tenancy entirely.
Will an N6 eviction ruin my credit score?
The eviction itself does not automatically go on your Equifax or TransUnion credit report. However, if the landlord also wins a judgment for money (like damages caused by the illegal act) and sends it to collections, that will heavily damage your credit.
Leave a Reply