Ontario landlords serve the N6 to end a tenancy on one of two grounds: an illegal act or illegal business at the residential complex by the tenant or another occupant, or a knowing misstatement of household income by a tenant living in rent-geared-to-income (RGI) housing. The tenant has no way to cancel it, and your L2 can be filed the moment the notice is served. Where landlords go wrong is the termination date, which can be as short as 10 days or as long as 20 depending on the ground, and an error there can sink the whole case.
At a glance
| Who serves it | A landlord facing an illegal act or business in the complex, or a social housing provider dealing with misreported income |
| Timing | Once the illegal act has happened, or once the misrepresentation comes to light |
| Minimum notice | 10 days on Reason 1 (drugs); 20 days on Reason 2 or 3, cut to 14 where a voidable N5 came first. Mail or courier adds days |
| Delivery | Every tenant, using a permitted method; never by posting on the door |
| Cost | The notice is free. The L2 costs $186 on the Portal and $201 otherwise |
| Next step | An L2, which can be filed right away and must be filed within 30 days after the termination date |
The legal grounds
Two provisions of the Residential Tenancies Act, 2006 (RTA) support the N6.
Section 61: illegal acts and illegal businesses
Notice is available where the tenant or another occupant breaks the law, or runs an unlawful trade, business or occupation, inside the unit or anywhere in the complex, or lets someone else do so. The termination date depends on what is involved:
- Producing an illegal drug, trafficking, or possessing for the purpose of trafficking (Reason 1 on the form): as early as the 10th day.
- Anything else (Reason 2): the 20th day.
Under s. 61(3), the terms "illegal drug," "production," "trafficking" and "possession" carry the meanings given in the federal Controlled Drugs and Substances Act.
Section 60: misrepresenting income
In social housing of the kinds listed in paragraphs 1 to 4 of RTA s. 7(1), you can give notice where income, either the tenant's own or that of household members, was misrepresented knowingly and materially (Reason 3). The termination date must be no earlier than the 20th day.
The 14-day second notice
Section 68 permits a shorter 14-day notice on Reason 2 or 3 where a voidable N5 (a notice under s. 62, 64 or 67) was given first, and the fresh act or misrepresentation came more than 7 days, but less than 6 months, after it. Drug activity under Reason 1 is left out of s. 68, though it already carries the shortest period.
No chance to fix it
There is no correction period on an N6, and nothing in the RTA lets the tenant void it. Section D of the published N6 instructions repeats language about voiding a first N5, but it has no application to the N6.
Choosing the N6, or something else
The N6 is the right notice when the illegality is the problem in itself: drugs being produced or trafficked in the unit, a business run in breach of a statute, or some other offence on the property. Reason 3 is limited to RGI units and to misstatements that were both knowing and material.
Look at another route when:
- Safety in the complex was seriously impaired, for instance by a fire hazard or an assault. That is the territory of the N7, on 10 days' notice. Guideline 10 says the LTB will accept more than one notice for the same incident, provided a reasonable tenant would not be confused by the combination.
- The behaviour is a nuisance, not a crime. Substantial interference calls for an N5.
- The RGI tenant is just no longer eligible for assistance. Under RTA s. 58(3), that alone cannot end a tenancy. Should the tenant then fail to pay the new lawful rent, the notice is an N4.
- All you want is the rent the tenant should have been paying. If you are not seeking eviction, the N6 instructions point you to an L9, and Guideline 10 confirms the amount can also be claimed on an L2 with no notice of termination.
Time limits
Minimum notice by ground:
| Ground | Notice |
|---|---|
| Reason 1 (producing or trafficking drugs, or possessing them to traffic) | 10 days, s. 61(2)(a) |
| Reason 2 (any other unlawful act or business), first notice | 20 days, s. 61(2)(b) |
| Reason 3 (RGI income misreported), first notice | 20 days, s. 60(2) |
| Reason 2 or 3 following a voidable N5 | 14 days, s. 68(2) |
Where Reason 1 is checked along with Reason 2 or 3, the longer period governs (N6 instructions; Guideline 10).
How to count. The day of service is excluded and the termination date is included (Rule 1.13). Mail adds 5 days (s. 191(3)). Courier delivery counts as made the day after the courier receives the notice (or, when that day is a weekend or holiday, the next business day; Rule 1.1 treats Saturdays and Sundays as holidays) (Rule 3.9). The LTB has no power to shorten a notice period.
Worked examples. These assume a first notice and no earlier voidable N5.
- Reason 2, handed to the tenant on February 8, 2027. The earliest termination date is February 28, 2027. Mailed on February 8 instead, the notice is deemed given on February 13, so the date must be March 5, 2027 or later.
- Reason 1, handed over on February 8, 2027. The earliest termination date is February 18. Given to a courier on February 8, it is deemed given on February 9, which makes the earliest date February 19.
The official instructions also include an example for a 14-day second notice.
When to file the L2. Section 71 lets you apply straight away. Section 69(2) sets the outer limit at 30 days past the termination date, and once that passes the notice is void (s. 46(1)). Using the first example above, a termination date of February 28, 2027 means the L2 must be filed by March 30, 2027.
Completing the N6
Get a current copy from the LTB forms page and work through the official instructions. Take the checklist off before you serve.
Parties and address
- To (Tenant's name): all tenants in possession; include any assignee or subtenant.
- From (Landlord's name): yourself, or all the landlords where there are several.
- Address of Rental Unit: the complete address, including unit or suite number, municipality and postal code.
Termination date
Enter one date (dd/mm/yyyy) that satisfies the longest period required by the reasons you check, with mail or courier days added. The form goes on to tell the tenant that you may apply to the LTB right away.
Reasons
Check each box that applies:
- Reason 1: your belief is that, at the complex, the tenant or a member of the household was involved in drug production, trafficking or possession for trafficking through an unlawful act or business, or let someone else be.
- Reason 2: the equivalent belief for unlawful acts or businesses of every other kind.
- Reason 3: the unit is RGI and you believe the tenant misstated household income, theirs or that of family living there.
The details table
Fill in the events table (date and time, then details). The form's checklist asks for:
- For every reason: give dates, times, the facts and who was responsible. The conduct must have occurred in the complex, by a tenant or occupant; where a visitor was responsible, describe how a tenant or occupant allowed it.
- Reason 1: identify the drug, and the person responsible for producing, trafficking or holding it to traffic.
- Reason 2: set out the act or business, the person who did it or allowed it, and the law it contravened.
- Reason 3: state how much income was misrepresented and show your calculation. Confirm the unit is social housing within paragraphs 1 to 4 of s. 7(1).
If you run out of room, attach pages and serve them along with the notice.
Signature block
Check Landlord or Representative, add a name and phone number, then sign and date. A representative also gives their name, LSO number where one applies, company, mailing address, email and phone.
Delivering it
Permitted methods under the instructions are personal delivery to the tenant or another adult in the unit, the mailbox or usual mail spot, under the door or through the slot, fax, courier, and regular mail or Xpresspost. Under Rule 3.1, email is permitted only where the tenant has consented in writing. Taping or posting it on the door is not a valid method.
Serve each tenant, keep a copy for yourself, and fill out a Certificate of Service. Upload both when you file the L2 or no later than 5 calendar days afterwards (Rules 4.4 and 4.5).
Defects that undo an N6
Once served, a defective N6 cannot be amended (Guideline 10). RTA s. 212 can rescue small errors that do not significantly prejudice the tenant, but it will not cure the problems below.
- A 10-day date on the wrong ground. Only drug production, trafficking or possession for trafficking supports 10 days. Anything else, including RGI misreporting and a Reason 1 paired with another box, needs the 20-day period (14 only on a qualifying second notice).
- A 14-day date with no qualifying first notice. There has to be a prior voidable N5 under s. 62, 64 or 67, with the new conduct coming more than 7 days and less than 6 months after it.
- Labelling simple possession as trafficking. Reason 1 reaches production, trafficking, and possession for the purpose of trafficking, in the Controlled Drugs and Substances Act sense. If the evidence shows anything less, neither Reason 1 nor its 10-day date is supported.
- No law named. Reason 2 requires you to identify the law that was broken. A bare reference to "illegal activity" does not tell the tenant what case they have to answer.
- The act took place elsewhere. Section 61 does not reach conduct outside the unit and the complex.
- A visitor did it, and the notice says nothing about permission. The act must have been committed, or permitted, by the tenant or an occupant.
- Reason 3 in the wrong type of unit, or without figures. Reason 3 is confined to the social housing in s. 7(1), paragraphs 1 to 4, and to misrepresentation that was knowing and material. Give the amount and show how you got there.
- Serving an N6 because RGI eligibility ended. Section 58(3) prohibits terminating on that basis. If the new lawful rent is not paid, the answer is an N4.
- Missing the 30-day filing window. An L2 filed later than 30 days past the termination date must be dismissed (s. 69(2)).
- Mixing notices in a confusing way. The LTB has held every notice defective where the same conduct produced both a voidable N5 and an N6 or N7 that cannot be voided (Guideline 10).
- Getting the basics wrong. Every tenant in possession has to be named and served; the address must be complete; service must follow a permitted method; and the notice must be signed.
- Serving an outdated version. A new N6 came out on September 21, 2026; the LTB stops accepting the old one as of November 30, 2026.
After service
Your next filing is an L2 on the Tribunals Ontario Portal, with the Certificate of Service and the N6 attached ($186 on the Portal, $201 by other routes). If you also want the extra rent owed had the income been reported correctly, include it in the same L2 along with your calculation (Guideline 10).
The hearing is where you have to prove the illegal act or the misrepresentation with evidence, and that record is what any review will look at. An eviction ordered on Reason 1 (drug activity) must include a request that the Sheriff expedite enforcement (RTA s. 84). On every ground, the LTB has to consider whether to refuse or postpone the eviction (s. 83). Unless you agree, a postponement now needs compelling reasons plus a finding that it would not be unfair to you or the other tenants (O. Reg. 516/06, s. 8.4). Orders dated July 1, 2026 or later can be reviewed only on a request made inside 15 days.
Recent changes
- September 21, 2026: a revised N6 was released; the prior version is refused from November 30, 2026.
- September 21, 2026: a tougher test now applies to delaying an eviction where the landlord does not agree.
- July 1, 2026: for orders issued from that date, the time to request a review of an LTB order was cut from 30 days to 15.
The notice periods on the N6 (10, 14 and 20 days) are unchanged.
Frequently asked questions
If the tenant stops the illegal activity, does the N6 fall away?
No. The N6 has no correction period, unlike an N4 or a first N5, and you may file the L2 as soon as it is served. The tenant can still contest the notice at the hearing.
Must the tenant have been charged or convicted?
The RTA's question is whether the tenant or an occupant committed or permitted the illegal act; neither section makes a charge or conviction a requirement. At the hearing you have to prove the act with evidence. Because the LTB has issued no N6-specific guidance on how it weighs a charge or conviction, bring direct evidence of the act instead of leaning on a charge.
I am checking two reasons. Which date applies?
Whichever is longest. Pairing Reason 1 with Reason 2 or 3 means using the Reason 2 and 3 period, so 20 days (or 14 on a qualifying second notice).
An RGI tenant is behind on rent. Is the N6 the right notice?
Only if there was misrepresentation. A tenant who reported income honestly but no longer qualifies for RGI cannot be evicted for that reason; use an N4 if the new rent is not paid. Where the income was misreported knowingly and materially, Reason 3 applies.
Official sources
- N6 form (PDF)
- N6 Instructions
- Residential Tenancies Act, 2006, ss. 43, 46, 58(3), 60, 61, 68, 69, 71, 83, 84, 191, 212
- O. Reg. 516/06, s. 8.4
- Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
- LTB Rules of Procedure
- LTB Operational Update, September 21, 2026
- Certificate of Service (PDF)
- LTB Forms, filing and fees