If your tenant has already been charged by the police with regards to the drug dealing in the rental unit, you can serve him with a Form N6 – Notice to Terminate Tenancy Early for an Illegal Act. This gives the tenant 10 days’ notice to leave. It also allows you to apply immediately to the Landlord and Tenant Board for an eviction order that you can enforce if the tenant does not leave according to the N6 notice.

If the police have not charged the tenant and it is only a suspicion that the tenant is dealing drugs in the rental unit, you can only serve a Form N5 based on the tenant’s interference with the reasonable enjoyment of the premises by the other tenants who are complaining about disturbances. Having people coming and going at all hours of the day and any other similar disturbances interfere with the other tenants’ enjoyment of the rental unit. Once you serve the Form N5, the tenant has an opportunity to correct the situation within seven days. If it is not corrected within 7 days, you can then file an application with the Landlord and Tenant Board to go to a hearing where an adjudicator will decide whether or not there are grounds to end the tenancy.

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