To legally evict a tenant in Ontario for committing an illegal act, such as manufacturing or trafficking drugs, you must serve an N6 Notice. For drug-related offences, this notice requires only a 10-day termination period. The Landlord and Tenant Board (LTB) filing fee for the accompanying L2 Application is $201 CAD, and the burden of proof rests entirely on the landlord.
Discovering that your rental property is being used for illegal activities is a nightmare for any landlord. 🚨 Whether you own a multi-unit building in Toronto, a basement apartment in Mississauga, or a townhouse in Ottawa, illegal acts like drug dealing dramatically increase the risk of severe property damage and violence. Under the Residential Tenancies Act (RTA), landlords have a statutory obligation to maintain a safe environment for all other tenants in the building.
When a tenant engages in illegal drug trafficking or manufacturing, you cannot simply change the locks. 📜 Ontario family and housing law demands a strict procedural approach. You must issue a Form N6 (Notice to End your Tenancy for Illegal Acts or Misrepresenting Income). Navigating the LTB to prove these allegations requires substantial evidence, as the adjudicator will heavily scrutinize the landlord’s claims before granting an eviction order.
Step-by-Step Process for an N6 Notice in Ontario
Evicting someone for an illegal act is a serious legal process. 📍 Landlords across Ontario, from London to Hamilton, must follow these meticulous steps to ensure their application is not dismissed due to a technicality.
Step 1: Gathering Bulletproof Evidence
The LTB operates on a “balance of probabilities,” but adjudicators require more than just a landlord’s suspicion. 🔍 You must gather concrete evidence. This often includes formal police reports, testimony or written statements from terrified neighbours, video surveillance of high-traffic activity, or news reports of a raid. Mere hearsay (“I heard they sell drugs”) is generally insufficient to win an N6 case.
Step 2: Serving the Form N6 Notice
Once you have evidence, you must correctly fill out and serve the N6 form. 📒 For the specific offence of producing or trafficking an illegal drug, the termination date on the notice must be at least 10 days after you serve the document. For other general illegal acts, a 20-day notice is required. The N6 cannot be voided; the tenant cannot simply “stop” dealing drugs to cancel the notice.
Step 3: Filing the L2 Application with the LTB
You do not have to wait for the termination date to pass before applying to the tribunal. 💻 As soon as you serve the N6, you can file an L2 Application to End a Tenancy and Evict a Tenant with the Landlord and Tenant Board. Filing immediately helps get you into the queue faster, given the massive provincial backlogs.
Step 4: Presenting Your Case at the LTB Hearing
At the hearing, you or your legal representative must present the evidence. 🏦 Keep in mind that you do not necessarily need the tenant to have a criminal conviction in court. You only need to prove to the LTB adjudicator that it is “more likely than not” that the illegal act occurred on the residential premises.
Step 5: Enforcing the Eviction Order
If the adjudicator rules in your favour, they will issue an eviction order. 👮 If the tenant still refuses to leave by the date specified in the order, you must take the document to the local Court Enforcement Office (the Sheriff) to physically remove the tenant and secure your property.
| Type of Illegal Act | Termination Notice Period | Can the Tenant Void It? |
|---|---|---|
| Production or trafficking of illegal drugs | 10 Days | No |
| Other serious illegal acts (e.g., theft ring) | 20 Days | No |
| Illegal acts affecting safety of others | 20 Days | No |
How Much Does it Cost in Ontario?
Managing an eviction for an illegal act requires financial preparation. 💲 Landlords often rely on legal professionals due to the high burden of proof required by the LTB.
- LTB Filing Fee: It currently costs $201 CAD to file an L2 application through the LTB’s online portal (or $201 for paper filing).
- Paralegal / Lawyer Fees: Retaining an Ontario-licensed paralegal to compile evidence and represent you at the hearing typically ranges from $1,500 to $3,000 CAD.
- Sheriff Enforcement: If the tenant will not leave, scheduling the Sheriff costs approximately $330 CAD, plus potential mileage fees depending on your municipality.
How Long Does the Process Take?
While the N6 notice itself is short (10 to 20 days), the actual eviction timeline is entirely dependent on the Landlord and Tenant Board. ⏱️ As of May 2026, landlords can generally expect to wait 4 to 8 months for a hearing date. Because drug trafficking creates a dangerous environment, your paralegal can submit a Request to Extend or Shorten Time to urgently ask the LTB for an expedited hearing, which might reduce the wait to a few weeks.
Frequently Asked Questions (FAQ)
Do I need a criminal conviction to win an N6 eviction?
No. The criminal court requires proof “beyond a reasonable doubt,” but the LTB only requires proof on a “balance of probabilities.” Even if the police drop the criminal charges, the LTB can still legally evict the tenant if the evidence suggests the illegal act likely occurred.
Can I evict a tenant if their guest dealt the drugs?
Yes. Under the Residential Tenancies Act, a tenant is legally responsible for the actions of their guests or occupants. If a guest commits an illegal act in the rental unit, you can serve the N6 notice to the primary leaseholder.
Does growing marijuana count as an illegal act?
In Canada, adults are legally allowed to grow up to four cannabis plants per residence. Growing more than the legal limit, or operating an unlicensed commercial grow-op, constitutes an illegal act and grounds for an N6. Growing the legal limit may only trigger an N5 if it causes damage or severe odours.
Can the tenant cancel the N6 if they promise to stop?
No. Unlike an N4 for unpaid rent or an N5 for interference, the N6 notice has no “void” period. The tenant cannot cancel the eviction notice simply by promising to cease the illegal behaviour. The matter must be resolved at the LTB.
Can I change the locks after a drug raid?
Absolutely not. Even if the police raid the unit and board up the door, the tenant still retains legal possession of the rental property until the Landlord and Tenant Board explicitly terminates the tenancy and the Sheriff enforces it. Self-help evictions are illegal in Ontario.
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