How to Serve an N6 or N7 Notice Correctly
Both notices end a tenancy over tenant conduct rather than rent, and both are easy to invalidate with a single timing, service, or drafting mistake.
Both notices end a tenancy over tenant conduct rather than rent, and both are easy to invalidate with a single timing, service, or drafting mistake.
An N6 notice (notice of termination for an illegal act) and an N7 notice (notice of termination for serious problems in the rental unit or residential complex) are both used to end a tenancy over the tenant's own conduct, rather than over unpaid rent. Because they target different kinds of conduct, picking the wrong one is one of the most common reasons these notices get challenged at a Landlord and Tenant Board (LTB) hearing. An N6 generally applies to an illegal act, such as the unit being used to produce, sell, or traffic drugs, or an illegal act related to a federal controlled substance committed in the complex. An N7 generally applies to conduct such as wilfully damaging the rental unit, seriously impairing someone's safety, or seriously interfering with the reasonable enjoyment of the premises by the landlord or other tenants. Before drafting either notice, reviewing the detailed comparison in our N6 vs. N7 guide is generally worth the extra ten minutes, because filing under the wrong ground can require starting the process over.
Gather the underlying facts before you touch the form itself: the tenant's full legal name exactly as it appears on the lease, the unit's correct municipal address including the unit number, the specific date(s) and approximate time(s) of the conduct you're relying on, and any supporting evidence — photos of damage, incident reports, police file numbers, written witness accounts, or repair invoices. Vague or second-hand accounts tend to be the weakest evidence at a hearing, so collecting contemporaneous, specific detail now generally saves time later.
Both forms list specific checkboxes for the ground relied on, and the LTB generally expects the box checked to match the facts described in the notice. The two notices also carry different minimum notice periods:
Choosing the ground carefully matters beyond just checking the right box: the factual description you write on the form should track the specific legal language of that ground, since a mismatch between the box checked and the narrative described is something a tenant's representative will often raise at the hearing.
Use the current version of the official N6 or N7 form available from the LTB, and complete every applicable field:
Neither an N6 nor an N7 ends the tenancy by itself. If the tenant does not move out by the termination date, the landlord generally still needs to file an L2 application with the LTB and attend a hearing before any eviction can occur.
The RTA sets out specific methods of service the LTB will generally accept as valid, and using an informal method — such as texting a photo of the notice or leaving it on a windshield — can leave the notice open to challenge. Acceptable methods generally include:
Whichever method you use, note the date and method of service in your own records immediately, ideally with a witness or a photograph of the notice being posted, since you will generally need to prove service occurred at a later hearing if the tenant disputes receiving it.
Service by mail and service by door slot or mailbox each trigger different deemed-service timing under the RTA, and getting this calculation wrong is one of the most frequent reasons a termination date is found invalid. As a general rule:
Once you know the deemed service date, count forward the minimum number of days required (10 for an N6, 20 for an N7) to confirm the earliest date you can lawfully put on the notice. Building in a day or two of buffer beyond the bare legal minimum is a reasonable precaution against a miscalculation invalidating the whole notice.
If the tenant moves out on or before the termination date, the tenancy generally simply ends and no further LTB process is required. If the tenant remains past that date, the landlord generally needs to file an L2 application for an order terminating the tenancy and evicting the tenant, typically within 30 days of the termination date stated on the notice — waiting too long can require re-serving a fresh notice. Once the L2 is filed, the LTB will generally schedule a hearing at which the landlord bears the burden of proving the grounds relied on, using the same kind of evidence gathered before the notice was drafted. If the LTB is satisfied the grounds are proven, it may issue an order terminating the tenancy, but actual eviction still requires the separate enforcement steps described in our LTB hearing guide — a notice and even an order are not the same as a sheriff physically enforcing an eviction.
Some landlords assume a single, minor complaint is enough to support an N7. In most cases, the LTB expects evidence of a genuinely serious problem, or a pattern of conduct, rather than an isolated or minor disagreement between neighbours.
The most frequent problems the LTB sees with N6 and N7 notices are generally avoidable with careful preparation:
Because N6 and N7 notices deal with conduct rather than a simple missed payment, they generally face closer scrutiny at a hearing than an N4. Landlords dealing with a serious or urgent safety issue, or an unusually complex fact pattern, should strongly consider speaking with a paralegal or lawyer before serving either notice to confirm the right ground, timing, and evidence are in place.
An N6 is generally used for an illegal act, such as drug production or trafficking connected to the unit. An N7 is generally used for serious problems like wilful damage, seriously impairing someone's safety, or seriously interfering with others' reasonable enjoyment of the property.
An N6 generally requires a termination date at least 10 days after the notice is given, while an N7 generally requires at least 20 days, calculated from the deemed date of service.
Generally, no, unless the tenant has specifically agreed to accept notices by fax in writing. Texting or emailing a notice is not typically one of the accepted service methods and can leave the notice open to challenge.
No. If the tenant does not move out by the termination date, the landlord generally still needs to file an L2 application and attend an LTB hearing before any eviction order can be made or enforced.
In most cases, the LTB looks for specific, dated incidents and, where possible, a pattern of seriousness rather than a single minor disagreement — witness statements and incident logs tend to carry more weight than general complaints.
Generally within 30 days of the termination date stated on the notice. Waiting longer can require starting over with a fresh notice in some circumstances.
A mismatch between the box checked and the facts described can generally be challenged at the hearing and may weaken the application. It's usually safer to re-serve a corrected notice than to proceed with a mismatched one.
Yes. Notice sent by mail is generally deemed given five days after mailing, so the minimum notice period (10 or 20 days) should generally be counted from that later deemed date, not the mailing date itself.
Unlike some other notices, N6 and N7 generally do not include a built-in opportunity to correct the issue to void the notice, though the landlord and tenant may still choose to resolve matters informally or at mediation before the hearing.
Not strictly required, but because these notices generally face closer scrutiny at a hearing, consulting a paralegal or lawyer before serving, especially for complex or safety-related situations, is generally a sound precaution.
Yes. Keep a dated record of how and when the notice was served, along with the supporting evidence for the grounds relied on, generally until any related LTB proceeding and enforcement period has fully concluded.
Fill out the form and an independent landlord-tenant lawyer may reach out to offer a free consultation about your situation.