Notice to Terminate a Tenancy for Illegal Activities (N6)

Terminating a Tenancy Due to Illegal Activities

If you’re a landlord and have discovered that your tenant is involved in illegal activities on your rental property, it’s essential to take the right steps to protect your property and the safety of other tenants. The Notice to Terminate a Tenancy for Illegal Activities (N6) allows you to formally end the tenancy if a tenant is engaged in unlawful behavior. This page outlines when and how to use the N6 notice and the steps involved in the process.

What is the N6 Notice?

The N6 Notice is a legal document used by landlords to terminate a tenancy when the tenant has engaged in illegal activities on the rental property. This can include drug-related offenses, violent acts, or any other illegal activities that threaten the safety, peace, and enjoyment of the property.

By issuing the N6 Notice, a landlord is notifying the tenant that their actions have violated the terms of the rental agreement and that they must vacate the premises within a specified time.

When Can You Use the N6 Notice?

You can use the N6 Notice to Terminate a Tenancy for Illegal Activities if:

• Illegal Activities: The tenant is involved in illegal activities such as drug trafficking, violent acts, or any criminal activities that affect the safety and well-being of the community or the property.
• Endangerment: The tenant’s illegal behavior endangers the safety or well-being of other tenants or neighbors, or puts the property at risk.
• Police Reports or Convictions: There is evidence of illegal activities such as police reports, criminal convictions, or other legal documentation proving the tenant’s unlawful behavior.

It’s important to note that the illegal activities must be significant enough to warrant termination of the tenancy, and you must have sufficient evidence to support the claim.

Steps for Issuing the N6 Notice

Follow these steps to issue the N6 Notice and terminate the tenancy:

1. Confirm Illegal Activity: Ensure that the illegal activities have occurred on the premises. Gather any relevant evidence, such as police reports, witness statements, or documentation proving that the tenant is involved in criminal activities.
2. Complete the N6 Notice: The N6 Notice must be filled out with accurate details, including the tenant’s name, address, a description of the illegal activities, and the date by which the tenant must vacate the property. This notice must also inform the tenant that failure to vacate will lead to further legal action.
3. Serve the N6 Notice to the Tenant: The N6 Notice must be served in person or sent by mail. Ensure that the tenant receives the notice as required by law. It’s important to follow the proper procedures for serving the notice to ensure its validity.
4. Provide a Notice Period: The N6 notice typically gives the tenant 10 days to vacate the rental unit. If the tenant refuses to leave, you can apply to the Landlord and Tenant Board (LTB) to have them evicted.
5. File with the LTB: If the tenant does not leave after receiving the N6 Notice, you can file an application with the LTB for an eviction order. The LTB will then review the evidence, and if they determine that the tenant engaged in illegal activities, they will issue an eviction order.

What Happens if the Tenant Doesn’t Leave?

If the tenant fails to vacate the unit after receiving the N6 Notice, the next step is to file an application with the Landlord and Tenant Board (LTB) for an eviction order. If the LTB is satisfied with your evidence of illegal activities, they may grant the eviction.

However, if the tenant disputes the N6 notice, they have the right to attend a hearing and present their side of the case. You will need to provide sufficient evidence to show that the tenant’s behavior warrants termination of the tenancy.

How to Avoid Illegal Activity Issues

Preventing illegal activities in rental properties starts with being proactive in managing your tenants and the property:

• Thorough Screening Process: Conduct background checks on all tenants before signing a lease agreement to ensure they have a history of responsible tenancy.
• Regular Property Inspections: Regular inspections of your rental units can help you identify potential issues early and address them before they become serious problems.
• Clear Lease Agreements: Make sure your lease agreement includes clauses that specifically prohibit illegal activities on the property, and outline the consequences for engaging in such behavior.

How a Paralegal Can Help with the N6 Notice

Issuing an N6 Notice to Terminate a Tenancy for Illegal Activities involves legal procedures that require careful attention. A paralegal can assist in the following ways:

• Prepare and File the N6 Notice: A paralegal can ensure that the notice is filled out correctly, with all necessary information and within the required timeframes.
• Gather Evidence: They can assist you in gathering the necessary evidence, such as police reports or witness statements, to support your claim of illegal activities.
• Representation at the LTB Hearing: If the tenant contests the notice and an eviction hearing is necessary, a paralegal can represent you at the LTB hearing, presenting the case and ensuring you follow all legal procedures.

Take Action Today

If your tenant is engaging in illegal activities on your property, don’t wait to take action. The N6 Notice to Terminate a Tenancy for Illegal Activities can help you regain control of your rental unit and protect the safety of your property and other tenants.

Need Help with the N6 Notice?

If you’re dealing with illegal activities on your rental property and need assistance with filing the N6 Notice, contact us today. We can help you take the necessary steps to protect your rights as a landlord and ensure your rental unit is safe and secure.