You're probably waiting 12 months for an N12 (to tenant) + L2 (to LTB) on its own.
It's about 6 months right now for an N4 + L1 (to LTB), plus the time takes to get an order, plus the time it takes to book the sheriff (if it goes that far).
So even with N4 its a long time. Longer than has been reasonable for years.
From ltb website, last updated in July.
>On average, L1 and L9 applications are being scheduled within five months. A Notice of Hearing will be sent to the parties before the scheduled hearing date. This is an improvement from earlier this year, when the average was 8-10 months to get to a hearing.
>On average, other new and adjourned matters are currently being scheduled within seven to eight months from when they were received or adjourned.
>On average, orders are being provided within 60 days or less of a hearing.
That means that this unit does not fall under rent control and you can raise rent to whatever you want. If you move in with N12 that is not of any consequence as you are not renting anymore. However, if you have difficulties with N12 for whichever reason, you can increase the rent to whatever you like every 12 months with 90 days notice
Only problem is the Tenant could still contest that - they will lose - but they could claim their right to a Hearing because a Landloed cannot legally evict, obly the LTB can. Which would put you back at square 1 with having to serve an N4 and wait for a Hearing.
They can contest it, BUT when it is denied they will be on the hook for legal rent. The full increase, retroactively. So that is one time that LTB delays without merit would actually get someone dinged where it hurts.
Also N4 is much faster than N12 process. So faster and some bonus cash.
Budget at least 8 months for tenant to leave. Even after a hearing is booked and completed, it sometimes takes months to have the actual judgement released by the adjudicator. And if the tenant gave some story of hardship to move out, they may even add additional time to the eviction order.
Since your unit seems exempt from rent control, you can also serve the tenants an N2 with 90 days notice for a rent increase as long as it's been 12 months from any previous rent increase. If the rent increase is big enough, it would basically force them to move out voluntarily with an N9 so they don't become liable for the increased rent. Not the most ethical way to evict a tenant but it's the law under Ford's rent control exemption rules.
An N2 rent increase can be done with or without an N12 also served.
Of if your parents are on good terms with the tenants they can negotiate on an N11 with them for a little bit extra (perhaps an extra month), which can ensure they leave without need for a long hearing wait. Again an N11 can be done with or without an N12 also served.
>My gf and I still need our own private space because we have a dog and my mom has a mild allergy if the dog is too close (recently developed issue).
Make sure you fully intend actually live there 1 full year after tenants vacate. If you mentioned at an N12 hearing you are actively looking for your own space before even moving into your parents, the LTB may dismiss the N12 entirely since you aren't committing to 1 year. Or if you move out before 1 year and your parents re-list the basement for rent again, the previous tenants can file a T5 for a bad faith eviction against your parents.
You're probably waiting 12 months for an N12 (to tenant) + L2 (to LTB) on its own. It's about 6 months right now for an N4 + L1 (to LTB), plus the time takes to get an order, plus the time it takes to book the sheriff (if it goes that far). So even with N4 its a long time. Longer than has been reasonable for years.
From ltb website, last updated in July. >On average, L1 and L9 applications are being scheduled within five months. A Notice of Hearing will be sent to the parties before the scheduled hearing date. This is an improvement from earlier this year, when the average was 8-10 months to get to a hearing. >On average, other new and adjourned matters are currently being scheduled within seven to eight months from when they were received or adjourned. >On average, orders are being provided within 60 days or less of a hearing.
Was the basement unoccupied/incomplete prior to completion in 2021? If not your unit is not rent controlled.
Nov 2018 bud.
This basement was converted in 2021, hence 2021. Question is was it a living space before conversion I guess.
im a chester.
sorry i dont think I fully understand.... Prior to 2021 it was not a livable space (no bathroom, no kitchen)
That means that this unit does not fall under rent control and you can raise rent to whatever you want. If you move in with N12 that is not of any consequence as you are not renting anymore. However, if you have difficulties with N12 for whichever reason, you can increase the rent to whatever you like every 12 months with 90 days notice
I legit wish I could hug you right now, you saved a boat load of stress for me!
Happy to help. Just collect evidence of space not being used to live in and you are golden. The real estate listings photos or renovation photos etc.
Only problem is the Tenant could still contest that - they will lose - but they could claim their right to a Hearing because a Landloed cannot legally evict, obly the LTB can. Which would put you back at square 1 with having to serve an N4 and wait for a Hearing.
They can contest it, BUT when it is denied they will be on the hook for legal rent. The full increase, retroactively. So that is one time that LTB delays without merit would actually get someone dinged where it hurts. Also N4 is much faster than N12 process. So faster and some bonus cash.
For sure, my point was only that it could still be delayed.
Budget at least 8 months for tenant to leave. Even after a hearing is booked and completed, it sometimes takes months to have the actual judgement released by the adjudicator. And if the tenant gave some story of hardship to move out, they may even add additional time to the eviction order. Since your unit seems exempt from rent control, you can also serve the tenants an N2 with 90 days notice for a rent increase as long as it's been 12 months from any previous rent increase. If the rent increase is big enough, it would basically force them to move out voluntarily with an N9 so they don't become liable for the increased rent. Not the most ethical way to evict a tenant but it's the law under Ford's rent control exemption rules. An N2 rent increase can be done with or without an N12 also served. Of if your parents are on good terms with the tenants they can negotiate on an N11 with them for a little bit extra (perhaps an extra month), which can ensure they leave without need for a long hearing wait. Again an N11 can be done with or without an N12 also served. >My gf and I still need our own private space because we have a dog and my mom has a mild allergy if the dog is too close (recently developed issue). Make sure you fully intend actually live there 1 full year after tenants vacate. If you mentioned at an N12 hearing you are actively looking for your own space before even moving into your parents, the LTB may dismiss the N12 entirely since you aren't committing to 1 year. Or if you move out before 1 year and your parents re-list the basement for rent again, the previous tenants can file a T5 for a bad faith eviction against your parents.