What if someone committed an illegal act on the property?

General Rule: Your client can be evicted for committing certain illegal acts, or allowing others to commit certain illegal acts, if those acts occur within a rental unit or the “residential complex”. The residential complex includes any area within the common areas, services and/or facilities available to be used by tenants.

Your client can be evicted for the illegal act(s), even if the charges are withdrawn, even if they are not convicted of the crime, and even if they were never charged with a crime. 

Examples of Illegal Acts That Can Result in Eviction:

• The production of an illegal drug 
• The trafficking of an illegal drug
• The possession of an illegal drug for the purpose of trafficking
• Any illegal act that is a “serious” violation of municipal, provincial or federal law
  • Serious means it has the potential to affect the character of the premises or to disturb the reasonable enjoyment of the landlord or other tenants (e.g., breaking into another apartment, keeping illegal weapons or using illegal drugs in your apartment, assaulting another tenant, etc.)

You should not try to make a determination about whether an illegal act your client committed is a serious violation of municipal, provincial or federal law. If your client has questions about this, they should be referred for legal advice. 

If a landlord is trying to evict your client for an illegal act, they will need to give them an N6 Notice. This notice will detail:

• The reason the landlord is evicting them
• Details about the reason (date, time, specific events, etc.)

Cancelling the N6 Notice: There is no way to cancel this type of Notice. If the eviction is for an illegal act, the landlord can apply for an eviction hearing right away using an L2 Application. 

Landlords can obtain an expedited Eviction Order for illegal acts. These orders are given priority for enforcement which means your client could be at risk of eviction much sooner than if they are evicted with a regular Eviction Order.

How You Can Help:

• Step 1: Tell your client that they do not need to move out just because they received this notice and that an Eviction Order will be required before they are forced to move out.
• Step 2: If your client has received an N6 Notice, tell them they could be at a high risk of eviction soon and refer them to a legal clinic immediately. This type of Notice cannot be cancelled or voided.
• Step 3: Help your client contact their criminal defence lawyer to gather as much information about the charges, if any, as possible.