If the reason for termination is based on the tenant’s drug dealing, the best way to prove it is when the police have laid charges and you can get the police report and/or summons the police officers to the hearing. You should also have other witnesses such as the other tenants in the residential complex. There are selected cases posted on the Landlord and Tenant Board’s website, I believe there are a couple of these cases that deal with illegal activities.
I was wondering whether section 61.1 of the RTA which deals with eviction based on illegal acts would also apply to by-law infractions such as noise, loitering, littering or illegal parking.
Section 61.1 of the RTA may apply in this case and you could serve the Form N6 to the tenant based on the by-law infractions but only if you have been served with a Notice of Violation from the local municipality specifying the infractions.
I have a strong suspicion of drug use in a unit based on disturbances and visitors at all hours. The police confirm they’re monitoring this person’s actions for that reason. Are suspicions of drug use in her unit solid grounds to evict?
If you simply suspect drug use it may not be enough grounds to evict unless you can get proof. If you are serving the Form N7 based on the disturbances you should also obtain the Form L2 and a Certificate of Service, these are the two forms you require to apply to the Landlord and Tenant Board after issuing the N7. The cost of filing an application with the Board is $170.00 and normally if the Board decides in your favour they will order the tenant to pay you for those costs as well.