An N6 (Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Unit) is one of the most serious notices a landlord can serve under Ontario’s Residential Tenancies Act (RTA).
Unlike many other notices, an N6 may lead to immediate termination of a tenancy and does not always provide an opportunity to correct the behaviour.
Because of the high stakes, N6 notices are closely scrutinized by the Landlord and Tenant Board (LTB).
When Can a Landlord Use an N6?
An N6 may be used in two main situations:
1. Illegal Acts
A landlord may serve an N6 if the tenant, another occupant, or a guest has committed an illegal act in the rental unit or residential complex that:
- Impairs the safety of others, or
- Interferes with the lawful rights, privileges, or interests of the landlord or other tenants
These cases are fact-specific and require strong evidence.
2. Misrepresentation of Income (RGI Units)
In rent-geared-to-income (RGI) housing, an N6 may be served if a tenant has knowingly provided false information about income that affects eligibility or rent calculation.
Why the N6 Is Different from Other Notices
An N6 is different from notices like the N5 or N4 because:
- There is often no opportunity to correct the issue
- Termination dates may be much shorter
- The conduct alleged is considered serious
- The evidentiary threshold is high
This notice is not meant for routine disputes or minor issues.
❌ Common Mistake #1: Treating the N6 as a General Behaviour Notice
An N6 is not a substitute for an N5.
Noise complaints, cleanliness issues, or neighbour disputes—even if ongoing—usually do not justify an N6 unless they rise to the level of an illegal act as defined under the law.
❌ Common Mistake #2: Assuming a Criminal Conviction Is Required
A criminal conviction is not required for the LTB to consider an N6.
However, landlords must still prove:
- What occurred
- That the act was illegal
- That it meets the legal threshold under the RTA
Police involvement alone does not guarantee success.
❌ Common Mistake #3: Assuming Immediate Eviction Is Automatic
Even though an N6 allows for faster termination dates, only the LTB can order an eviction.
Tenants still have the right to:
- Receive notice
- Challenge the allegations
- Attend a hearing
- Present evidence
There is no automatic removal without an LTB order and enforcement by the Sheriff.
Evidence Expectations at the LTB
Because of the seriousness of an N6, the LTB expects clear and persuasive evidence, which may include:
- Police reports
- Witness testimony
- Photographs or video evidence
- Documentation showing impact on safety or lawful rights
Evidence must be disclosed in advance in accordance with LTB rules.
What Tenants Should Know
Tenants facing an N6 should understand:
- The allegations must meet a high legal threshold
- They are entitled to challenge the notice
- Not every allegation of illegality meets the standard for termination
Early legal advice can be critical in these cases.
Final Thoughts
An N6 notice is reserved for serious situations with significant consequences. Because it does not operate like most other notices, mistakes can be costly for both landlords and tenants.
Used correctly, an N6 addresses serious safety and integrity issues. Used incorrectly, it often results in dismissed applications and delays.
Understanding when an N6 is appropriate—and when it is not—is essential before taking further steps.