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Frequently Asked Questions

Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.

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Do illegal acts have to take place inside the rental unit for it to be considered or can they occur anywhere on the property?

Illegal acts do not have to occur inside the rental unit. For landlord-tenant purposes, illegal activity can be considered if it occurs anywhere in the rental unit or the residential complex. For example, if the police caught the tenant dealing drugs in the parking lot of the rental property, the landlord could issue the tenant an N6 notice.

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Can a landlord file for eviction based on illegal activity by a guest or occupant, not the tenant themselves?

Yes, a landlord can file for eviction even where the illegal activity was committed by a guest or occupant rather than the tenant. Under the Residential Tenancies Act, a tenant is responsible for the conduct of anyone they permit into the rental unit or residential complex. If a guest or occupant engages in an illegal act that occurs in the rental unit or on the property where the rental unit is located, the landlord may serve the required notice and apply to the Landlord and Tenant Board for an eviction. The Board may consider the tenant’s level of knowledge and or involvement, but the tenant is not automatically protected from eviction simply because they did not personally commit the illegal act.

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I am a homeowner and rent the basement to a tenant who has lived there for a year. While I have had some minor issues in the past nothing was serious until recently, except, he keeps complaining about everything. Lately, the tenant stopped paying rent, and when I approached him to ask about the arrears, he became very angry and physically assaulted me. The police were called and he was arrested and charged. What are my rights? What steps can I take now as a landlord?

In this situation, because the tenant assaulted you, you may serve an N6- Notice to End your Tenancy for Illegal Acts, which allows you to seek termination of the tenancy without waiting for further incidents to occur. If the assault occurred in the rental unit or residential complex, you may serve an N6 for an Illegal Act. After serving the notice, you must file an L2 application and gather the evidence that you will rely on at the hearing, such as police reports, charge information, and witness statements (if applicable).  You may also address the rent arrears by serving the tenant with an N4 for non-payment of rent. If the rent is not paid within 14 days, you may also file an L1 application.

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My tenant has placed an ad on Airbnb to rent their unit. The tenant is making more money than they are paying for rent. What can I do?

There are two possible notices of termination you can serve to your tenant:

The first notice is Form N5 – Notice to End your Tenancy Early for Interfering with Others, Damage or Overcrowding. This notice is a 20-day notice to end the tenancy, but it allows the tenant to correct the situation within seven (7) days.  If they do not correct the situation in seven (7) days, you can file an application with the Landlord and Tenant Board as early as the 8th day.

Collecting more rent from the Airbnb renters than what the tenant is paying you each month for rent is considered illegal act. As such, you can serve your tenant with Form N6 – Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit.  This notice is also a 20-day notice to end the tenancy (Reason 2); however, the tenant is not given an opportunity to correct the situation.  You can file an application with the Landlord and Tenant Board right after you provide your tenant with this notice.

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What’s the best way to get rid of a drug dealing tenant and how do I prove it at a hearing?

In this case, you can serve your tenant with Form N6 – Notice to End your Tenancy for Illegal Act or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit. This notice is a 10-day notice to end the tenancy (Reason 1). You can file an application with the Landlord and Tenant Board right after you provide your tenant with this notice.

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.

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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.

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I live in the same house as my tenant but they have their own unit in the basement. I have a strong suspicion of drug use in their 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. You can serve Form N6 based on illegal acts if you are able to gather evidence about the illegal drug use and/or possession/distribution by your tenant or their guests at the rental unit. However,  if your house contains 3 or fewer residential units, you can serve the Form N7 based on the disturbances. In both cases, you will also need to submit Form L2 and a Certificate of Service when applying to the Landlord and Tenant Board for a hearing.