A majority of landlords have tenancy agreements with their tenants for a minimum of one year. After one year, the landlord will either sell or move into the rental unit. One of the most significant challenges a landlord faces is evicting tenants from the rental unit. Many landlords hire professional paralegals in times of conflict to help them understand their rights, responsibilities, and possible solutions a landlord has.
One way a landlord can evict a tenant is by serving the Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (N12). If the landlord, landlord’s spouse, child, purchaser or the purchaser’s immediate family member requires the rental unit for their use, the N12 must be served to the tenant. the notice must be served a minimum 60 days early from the termination date. The landlord must compensate the tenant before the termination date.
After the landlord served the N12, if the landlord reasonably believes that the tenant is not going to move out by the termination date outlined in the N12, a landlord should file an Application to End a Tenancy and Evict a Tenant (L2) with the Landlord and Tenant Board (“LTB”).
Further, the landlord has to prove that they will compensate the tenant before the termination date. If the landlord or the person who moves in fails to establish their intentions in good faith, it can lead the adjudicator to delay or deny the application.
If the tenant believes that the landlord has brought an application in bad faith, the tenant shall proceed with filing an application with the LTB. Suppose the tenant becomes aware that the landlord rented the rental unit for a new tenant, increasing the rent. In that case, the landlord may compensate for moving cost for the previous tenant, rent differences, and 12 months rent as an abatement.
Sivapatham Legal Services Professional Corporation is a legal service provider aimed at providing superior legal services and accompanied by outstanding customer service. It is vital that every individual that retains our services understands essential parts of their legal issue, and their rights. Please contact Sivapatham Legal Services to help you understand your rights. From landlord rights, tenant rights, to evictions, we will help you resolve your dispute, and get you what you are entitled to.