A landlord can evict a Permanent Resident (PR) for illegal acts (e.g., drug trafficking, severe property damage) using an N6 Notice, costing $186 CAD to file at the LTB. While a civil LTB eviction alone does not immediately revoke PR status, criminal convictions stemming from the exact same acts can lead to inadmissibility under IRCC rules and potential deportation.
Renting out property in diverse Ontario cities like Mississauga, Brampton, or Markham means landlords frequently lease to newcomers and Permanent Residents (PRs). While the vast majority of tenancies run smoothly, landlords sometimes discover that a tenant is using the rental unit to conduct illegal acts. This could involve producing illicit drugs, running an illegal gambling ring, or committing acts of violence. When this happens, ensuring the safety of the building is the landlord’s top priority.
When dealing with a Permanent Resident, the situation intersects two completely different areas of law: Ontario provincial housing law (the LTB) and federal immigration law handled by Immigration, Refugees and Citizenship Canada (IRCC). Landlords often wonder if evicting a PR for a crime will get them deported, or if the process requires different paperwork. In Ontario, the residential eviction process is exactly the same regardless of citizenship. Most landlords use an experienced paralegal or law firm to handle an “illegal act” eviction, as the burden of proof is highly technical.
Step-by-Step Process for an N6 Eviction in Ontario
Evicting someone for an illegal act does not require you to wait for a criminal conviction in a court of law. The LTB operates as a civil tribunal, meaning you only need to prove the act occurred on a “balance of probabilities,” not “beyond a reasonable doubt.”
Step 1: Gathering Evidence of the Illegal Act
📸 The LTB will not evict someone based on rumours. You must gather concrete evidence. This could include police incident reports, photographs of the damage or illegal materials, written complaints from neighbouring tenants, or security camera footage showing constant, suspicious short-term traffic indicative of drug trafficking.
Step 2: Serving the N6 Notice to End your Tenancy for Illegal Acts
You must serve the tenant with an N6 Notice. The timelines depend strictly on the severity of the offence. For illegal drugs (producing or trafficking), you can give as little as 10 days’ notice. For other illegal acts (such as running an unlicensed business that violates criminal statutes), you generally must give 20 days’ notice. Unlike notices for minor behavioural issues, an N6 for serious crimes is usually “unvoidable,” meaning the tenant cannot simply stop the behaviour to cancel the notice.
Step 3: Filing the L2 Application
Immediately after the notice period expires (or sometimes concurrent with it, depending on the severity), you must file an L2 Application with the Landlord and Tenant Board to schedule an eviction hearing. The adjudicator will review the evidence. If the police are actively investigating the tenant for an indictable offence or summary conviction, the LTB might pause the hearing to prevent interfering with the criminal trial, though this is evaluated case-by-case.
Step 4: Potential IRCC and Criminal Implications
While the LTB simply orders the tenant to vacate, the police may lay criminal charges for the same behaviour. If the Permanent Resident is found guilty in a criminal court of a serious crime (generally an offence punishable by a maximum term of 10 years or more, or actually sentenced to more than 6 months), IRCC can declare them criminally inadmissible to Canada. This can lead to a removal order and the stripping of their PR status.
How Much Does it Cost in Ontario?
Evicting a tenant for criminal acts can be dangerous and legally complex, making professional representation highly recommended.
- LTB Filing Fee: Submitting an L2 Application through the Tribunals Ontario Portal costs $186 CAD.
- Paralegal / Lawyer Fees: Because illegal act cases require proving elements of a crime civilly, hiring a legal professional typically costs $1,500 to $3,500 CAD.
- Sheriff Fees: If the tenant refuses to leave after the LTB order, hiring the Court Enforcement Office to safely execute the eviction costs approximately $315 to $400 CAD.
- Property Damage: Landlords often face thousands of dollars in cleanup costs if the unit was used for illicit purposes, which may require a separate civil lawsuit to recover.
How Long Does the Process Take?
📅 While N6 notices have short termination dates, the actual wait for an LTB hearing can drag out.
- Notice Period: The N6 notice provides either a 10-day or 20-day termination date, depending on the crime.
- Hearing Wait Time: Wait times for L2 applications currently average between 4 to 8 months.
- Request to Shorten Time: If the tenant poses an immediate, severe physical danger to the landlord or other tenants, a lawyer can file a “Request to Shorten Time,” which might secure an emergency hearing in 3 to 6 weeks.
Difference Between Civil Eviction and Criminal Deportation
| Factor | Landlord and Tenant Board (LTB) | IRCC / Criminal Court |
|---|---|---|
| Goal | To terminate the lease and regain possession of the unit. | To punish the crime and potentially remove PR status. |
| Burden of Proof | Balance of probabilities (more likely than not, 51%). | Beyond a reasonable doubt (99% certainty). |
| Impact on Status | No direct impact on Canadian immigration status. | Severe. Serious criminality leads to deportation. |
Frequently Asked Questions (FAQ)
Does an LTB eviction go on a tenant’s criminal record?
No. The Landlord and Tenant Board is a civil administrative tribunal. Eviction orders are public records and can appear on credit or tenant screening reports, but they do not generate a criminal record in the Canadian Police Information Centre (CPIC) system.
Do I have to wait for the police to charge the tenant before issuing an N6?
No. You can issue an N6 and proceed to the LTB without the tenant ever being arrested or criminally charged. However, having a police report significantly strengthens your evidence at the LTB hearing.
What if the illegal act was committed by the tenant’s guest?
Under the Residential Tenancies Act, tenants are legally responsible for the actions of their guests. If a PR tenant’s guest is dealing drugs out of the unit, the tenant can still be evicted using an N6, even if the tenant did not personally commit the crime.
Can I immediately lock out a tenant dealing drugs?
No. Self-help evictions (changing the locks without an LTB order and the Sheriff) are strictly illegal in Ontario. Doing so can result in massive fines against the landlord, even if the tenant is a known criminal.
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