N6 – Notice to End your Tenancy for Illegal Acts

Transcript

Introduction

Welcome to Landlord’s Self-Help Centre’s module about the N6 notice to terminate a tenancy for illegal acts. Landlord’s Self-Help Centre does not advise on rent-geared-to-income situations and so this module will not discuss this.  The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.

Important information…

The N6 notice can be served to a tenant when the tenant, or their guest, has committed an illegal act in the rental unit or rental complex involving drugs; or are participating in another illegal business or other illegal act not related to drugs.

Read the notice to make sure you understand its contents before serving it to your tenant, making sure it is filled out correctly. The smallest error will make the notice invalid and may mean that you end up wasting time and money.

The L2 Application to End a Tenancy and Evict a Tenant can be filed with the Landlord and Tenant Board right after the N6 notice has been given to the tenant. Make sure to follow the timelines as the process can take 3 to 4 months or longer.

It’s important to note that the notice becomes void if the landlord does not apply to the Board within 30 days of the termination date on the notice.

Names & Address

When listing the tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent.

If your tenant uses a nickname, include both their legal name and their nickname.

If you have a joint tenancy, 2 or more tenants together on one agreement, make sure to include all their names. The same applies with landlords, include full names of all landlords for a rental unit.

It is very important for the address of the rental unit to include the full address and specify exactly where the tenant is living, such as the main floor, basement, or unit number if there is one.

Termination Date & Reason 1

If serving the notice because your tenant or their guest has committed an illegal act or is carrying on an illegal business at the rental unit which involves the production, trafficking or possession of an illegal drug for the purposes of trafficking, Form N6 is a 10-day termination notice, and it does not give the tenant an opportunity to void it.

When filling out the notice, make sure to shade in the box next to Reason 1. When calculating the termination date, the day the notice is served to the tenant is considered Day 0, the next day is Day 1.

Termination Date & Reason 2

If serving the notice because your tenant or their guest has committed an illegal act or is carrying on an illegal business at the rental unit that does not involve an illegal drug, form N6 is a 20-day termination notice, and it does not give the tenant an opportunity to void it.

When filling out the notice, make sure to shade in the box next to Reason 2. When calculating the termination date, the day this notice is served to the tenant is considered Day 0, the next day is Day 1.

Details

Make sure to include all the detailed reasons for giving this notice in the chart provided. There is limited space in the details chart, so if you need more room to outline all the issues, write SEE ATTACHED in the box and attach the additional pages.

Example

It is not enough to put in the basic information with the intention of explaining it in more detail at the hearing. If this part of the N6 notice is not filled in with as much information and detail as possible, there is a good chance the application will be dismissed and you will have to start the process all over again.

Any additional pages you include with the N6 notice must be included with the copy you give to the tenant and the copy you submit to the Landlord and Tenant Board. It’s also a good idea you also keep a copy for yourself.

Please note that the examples used in this slide are just examples for reference purposes only and they may not all be happening at the same rental unit at the same time.

Signature

If there are multiple landlords, only one of them needs to sign the notice. The date next to the signature is the date the notice will be given or sent to the tenant.

Review the notice to make sure there are no mistakes, that you understand what you are giving to the tenant and keep a copy for yourself. If there are multiple tenants, make a photocopy for each.

Service Rules

Make sure to deliver the notice to the tenant according to the Landlord and Tenant Board Rules. Improper service will result in you having to start the process all over again.

The most common methods of service are delivery in person to the tenant, sliding it underneath the unit door, or putting it in the mailbox (as long as you do not require a key to access the mailbox).

Never post this notice on the unit door, or send it by email or text message, as these are improper methods of service and will make the notice invalid.

Next Steps…

If the tenant does not move out by the termination date or you want to try to save time, you should continue with the process and file the L2: Application to End a Tenancy and Evict a Tenant. This application can be filed right after the notice is provided to the tenant.

It is important to continue with the L2 application to the Landlord and Tenant Board if you don’t think the tenant will move out on their own.  Keep in mind that this eviction process may take 3 to 4 months or longer.

Conclusion

Thank you for watching this module about the N6 notice to terminate a tenancy for illegal acts.

The information offered in this presentation is intended as general information, it is not legal advice.

If you have a specific issue or situation, please contact a legal service provider.