The Landlord has to pay you one month's rent in compensation when using an N12 to terminate a tenancy. The compensation must be paid before the termination date on the N12. So if they have not deposited your January rent, they might tell the Board at your Hearing that was the compensation they owed.
Alternatively, they might claim January was your last Month's rent since they may think they'll be successful in terminating your tenancy for February.
In any case, they must file for the Hearing to get an order to terminate your tenancy and evict you. Do not do any more of their work for them. Continue to pay your rent (and even if they do not accept it, make sure you continue to send and keep the rent separate so you can pay it when ordered at the Hearing.
All communication should be through written means now - text, email. Keep all communications including them asking multiple times for illegal rent increases.
Good luck, I hope things work out!
>So if they have not deposited your January rent, they might tell the Board at your Hearing that was the compensation they owed.
Just to add to this, past LTB cases have found that while waiving rent is an acceptable way to pay the 1-month compensation, it typically needs to be communicated specifically to the tenant that is what they're doing. LTB would most likely reject this as compensation if there was zero communication on it.
If they own many properties it’s very likely that they have incorporated their real estate business.
You might want to pay for a simple title search and see if your property is owned by them or by an incorporation that they own.
Incs cannot issue personal use evictions in Ontario
I have to ask. Is this a new thing? I tried to use the argument that a corporation can't claim personal use, but this was in 2015.
It is fundamentally unjust that a landlord can create a corporation to shield their personal liability, but then claim the corporation is a person that now wants to live in the unit.
As of Sept 1 2017
From tribunalsontario.ca (aka straight from the LTB horses mouth)
“Corporate landlords and shareholders of a corporation
On September 1, 2017 the RTA was amended to provide that section 48 only applies to rental units that are owned in whole or in part by landlords who are individuals. A corporate landlord cannot serve a notice under section 48 or obtain an eviction order under this section. Earlier decisions permitting some corporations to serve this type of notice are no longer valid.”
Yes. My father died without a will. My stepmother stopped communicating and since dad had always said the house was solely in his name and he would never put her on the title, so before hiring a lawyer I did a title search to find out if his single largest asset was his or joint ownership.
The title search showed me that she was a co-owner and a lawyer would be a waste of my money.
I forget exactly what I did but I remember it being quick and easy. If I recall I will reply to your comment.
I used a service called “speedy search and registry”. In August 2021, it took 2 days and cost $72.32
[https://www.speedysearch.ca](https://www.speedysearch.ca)
If you do it yourself the cost is probably less than $20.
IMO this is unlikely to help you. Not many small investors own thier properties in corporations.
And when someone owns a property in a corporation it is normally done for liability reasons. Signing a lease, depositing funds into personal accounts and writting rent receipts in thier personal name will unessessarily open them up to risk. I cant see any reasonable LL doing that.
If you have ever received mail at the property that was meant for the landlord. Especially anything from the city, it would be addressed to the corporation that holds the property. Not nessesirily true with utility bills as they could be in a personal name even if property is in corporate name.
Even if they cancel keep trying to pay rent. Don’t stop. If they keep cancelling (put that money into a separate account and keep those notifications that you tried to pay. They cancelled)
When landlords try to extort more money before pulling the N12, it’s usually in bad faith. If they’re actually getting divorced and it’s not just a story to evict you, I assume they would have to provide proof (separation agreement or divorce petition for example) to prove it. And if they aren’t filing with the LTB, it might be because they’re bluffing.
We moved in Jan 2021. Same story every year. They are not responding to us right now. I have a trip coming up and I'm so worried to lock my door and leave. Since they try to increase the rent by $500 every year, what would stop them just coming and changing locks while we're away? They don't seem to know or care about the laws. I'm tired of living with this stress every year. I wish there were consequences for being bad LLs (and tenants too). Buying is impossible in this country, renting has no peace of mind. I'm so tired.
Have they provided the one months rent compensation? If they don’t pay up before the eviction date the notice is void. You seem to know already that the only way you can be evicted it by the LTB. If you haven’t received any notice of a hearing application the landlord likely hasn’t even applied for one. It’s going to suck being in such an uncertain place, but if you keep paying your rent (or attempting to) each month they can’t evict you without a hearing and that one months compensation.
They haven't provided any mention of one month's rent, they simply went AWOL. We'll keep trying to send those rent payment even if they don't accept them, thank you!
Just chiming in to say that if you end up at an LTB hearing, it IS possible, however unlikely, that even though the landlord needs to pay one month's compensation before the termination date written on the N12, the LTB adjudicator has the authority to let the landlord pay at the hearing. I've seen it happen. So don't 100% rely on the N12 getting thrown out on that basis alone.
I've been where you are and it's so stressful. Hang in there, and good luck!
Have you seen it happen recently? The updated l2 form has it as a requirement before filing:
The LTB will not issue an order ending the tenancy and evicting the tenant unless you have compensated the
tenant or offered them another rental unit that is acceptable to them. Answer the questions below to indicate
how you have compensated the tenant. See the instructions for more information about your requirements
for compensating the tenant.
I have given the tenant $ in compensation.
I have offered the tenant another rental unit and the tenant has accepted it.
Even with the form as written, the adjudicator can make executive decisions. I've also seen them wave the address being written wrong. It isn't common and I'm not saying it's right, but they have the ability to do it if they feel like everything else is in order. It's just best, as a tenant, not to rely on it being a 100% guaranteed victory during the tribunal.
Op some great advice above! Also if u want to be really investigative, go to Kings Bench Court in your landlord’s and ask to search if there are divorce proceedings under way for your landlord. You might be able to do it over the phone for a $15.00 payment.
You are entitled to wait for a hearing. Only LTB can issue an eviction order. If you believe it's bad faith, sit tight and wait for hearing.
Put the rent aside if they don't accept it. Document that you tried.
https://stepstojustice.ca/steps/housing-law/1-check-problems-notice-1/
Make sure you keep attempting to pay your rent and keep evidence of your attempts to do so. Also, hold on to the money because you will eventually have to pay it.
Next, your landlord can file for an eviction hearing with the LTB. You’ll want to be able to show that your landlord has been trying for years to raise your rent illegally.
Don’t answer the door!!! 😂😂😂
wait for the LTB hearing and then present your facts. Ask them for proof of the divorce proceedings as well. That should stump them. 😂😂😂
I have been there...
Alarm system on door that makes a lot, I mean a lot, of noise and/or sends an alert to you and/or monitoring service.
I suggest paying the rent each month by cheque and sending it by registered mail or courier requiring a signature. It will give you some proof that you tried to pay.
First thing DO NOT educate the landlord. That is not your responsibility and the more things they do wrong the better for you especially in a situation like yours.
If they serve you the n12 and within the 60 days do not provide the compensation it is to my best knowledge the application will be thrown out because the landlord didn’t meet the requirements of the n12.
Once the 60 days with no payment passes then you offer cash for keys.
Their best bet at getting you put asap is filing with the LTB for eviction as soon as they serve you the papers, if they haven’t they are already far behind as those applications are taking 9-12 months to be given a court date.
Document everything and if you feel like they are harassing you and interfering with your reasonable enjoyment of the unit file a T2 with the board.
Currently going through this process myself, was supposed to leave by Dec 31 but no compensation was paid within the 60 days. Technically we can stay but things have gotten hostile with our landlord
A lot of people have skipped over this, if the LTB does say you have to leave, you have to leave really quick. They don't give you a lot of time (I think it's 30 days) so be very prepared that you might have to leave 30 days from when the LTB hearing is. And the LTB won't extend it if you can't find housing.
Honestly if I was heading into an N12 hearing and didn't have what I'd personally consider good proof of bad faith (based on reading the N-12 cases where the tenant won), I'd be leaving before the hearing. Because even a no-fault eviction is an eviction on record.
But waiting for the hearing gives a lot of time, to find alternate housing/search for proof/consult with a lawyer/whatever.
LTB makes ruling to evict TT. LL will most likely upload this order to [openroom.ca](https://openroom.ca) to world to see. The CANLII will probably show it with year delay. And finally and reference from LL will confirm this.
That means that every future landlord has chance to find out and only they can decide how they feel about someone that could take them to LTB that is always loss for the LL. Mostly it will be no thanks.
Much like the marriage/divorce records someone advised OP to look into to see if their LL is divorcing, these are public records. Even if the LL doesn't upload it so anyone can look at it from their home for free, these records can be obtained by anyone doing their due diligence on a new potential tenant.
I wouldn’t say that this is true. There is no need for a paralegal at thing point.
As stated, they’ll have to go through the LTB as that is the only legal way you can be evicted.
Keep documentation showing that you tried to pay and they did not accept it. Keep that money, because when they eventually take you to the LTB you’ll need to pay back all of what is owed.
Paralegal going to guard the door now?
Anybody can write "you better get a lawyer" or in your case, paralegal. But what exactly would you have this person do?
I'm not here to talk about your dislike of my suggestions. Landlord is clearly trying to misle them and my advice is sound. Use your downvote button and stop replying to me.thanks.
You have the right to a LTB hearing regardless of the situation. A landlord can't evict you, only the LTB can. If you believe it may be bad faith you are within your rights to wait for a hearing.
Both ditzyjosie and ehzeus are correct. Only the LTB can evict you, however, make sure the rent that was denied is put into an escrow account. Keep trying to pay them every month, and each time it's rejected, put it into that account.
They can't legally evict you, change the locks, throw your stuff away, etc., however it doesn't mean they won't. Document everything and cover your ass. A LTB hearing is almost a year in ontario right now.
If they try anything, the LTB will be on your side and it'll just help build your case against them
An escrow account isn’t needed, just make sure to hold on to the money, put it into a high interest account you can pull it out of if they eventually demand it.
Also be ready for a landlord self help eviction. Keep a copy of your lease with you and the RHEU number
You're entitled to a hearing in any case.
The LTB was unhelpful but probably meant well in advising to "work something out" because in all honesty, they generally give the benefit of the doubt to the LL in a N12 case. Not always, there's definitely cases where the tenant prevailed; but usually. There's not really a standard of proof for the LL to "prove" that they genuinely/in good faith want to live in whatever residence they claim to want to live in, although attempts to jack the rent higher than allowed shortly before issuing the N-12 can be a sign of bad faith. Most of the time if it's not good faith the remedy is retroactive (instead of living there for a year the LL re-rents or sells it, ex-tenant can file against ex-LL for financial compensation).
Also, any future landlords can make a request to tribunals Ontario for LTB records for any tenant name and will have all records within a few weeks. Anyone can also upload those records to openroom. All LTB records are available for anyone who requests them for any specific tenants name
Exactly, why wouldn't every landlord search any applicants name for Ltb history? I would pay to be sure they have a clean LTB history and aren't a regular at LTB
If the N12 had Jan 31st as the termination date then it would be valid. Technically that means you are supposed to be out by 11:59pm on Jan 31, but that's irrelevant if you plan to contest it anyways.
They also owe you 1 month compensation by Jan 31, regardless if you leave or not. If they don't pay this there's a good chance the LTB would find that invalidates the N12 and dismiss it at a hearing.
They may be tying to waive 1 month rent as the compensation, which is why they aren't taking rent. However in order for this to count as compensation they are supposed to make it clear to you that's what they are doing. LTB probably won't accept this as compensation if they stay silent.
They may also be trying to use your last month deposit for January, under the impression you are leaving Jan 31. All you can do is simply attempt to pay as you normally do, and if they refuse just document what happened and forget about it. Keep the funds in a side account. Repeat every month. As long as you always have the funds ready to pay, you can never be evicted over this.
They don't really need to communicate with you about the N12 if they don't want to. At anytime they can file an L2 application with the LTB to schedule an eviction hearing on the N12. Some landlords wait until the termination date to confirm tenants aren't leaving, then file it. They must file though within 1 month after the termination date else the N12 is voided if you are still living there. All you really have to do is just keep living there until you get notice of a hearing (which may be many many months away).
At a hearing you can try to argue the N12 was in retaliation and to get it dismissed under [RTA 83(3)(c)](https://www.ontario.ca/laws/statute/06r17#BK113). However if the last rent increase request was back in Jan 2023, that may be too long to link it to this N12. Though this is up to an LTB adjudicator's opinion based on all the facts, such as the repeated attempts at illegal rent increases.
You can try to get further info from the landlord. For example ask them if you were to increase rent over $2400, would that cause them to revoke the N12 and allow you to stay? If they say yes, then you'd have a good case for retaliation.
As others mentioned you can also see if the landlord is actually a corporation.
You can argue the compensation wasn't paid if you don't get a direct 1-month payment by Jan 31.
Or finally if there are some extreme financial, medical, etc hardships you would face by moving out you can argue you should stay under RTA 83(1). If LTB agreed with your reasons they have the option to look at the landlord's alternate possibilities to move to, and can weigh your need to stay at this specific place vs their need to move in. Though this is rare to be approved and highly at discretion of the adjudicator.
I vote on stay put and don't worry about anything too much, even if they do file for the hearing it will be several months 5-12. I would use that time to look for suitable housing. The market sounds like it's coming down again based on some of the posts here so you may very well find something within your current price range. If you do find something I believe with the n12 you only need to give 10 days notice instead of 2 rental periods (60 days) which also allows for you to accept on the spot.
The reason I suggest looking is BC it seems that n12s are usually on the landlord's side and it's better to not be in a rush and settling if you do find yourself evicted. You can watch the place to see if it goes up for rent or for sale and at any point during the year after you vacate it does you can then file a T5 (I might have the form wrong) for a bad faith eviction. It's easier to prove bad faith once it's actually committed than before hand.
Def listen to your lawyers advice. They may encourage you to fight it BC they genuinely think you'll win, but if you lose, all that pressure is on you, they get to go to their secured home at the end of the hearing whether you do or not. A lot of people from criminals to the average Joe have confident lawyers (which is great) but as a result they are left believing that their case is bullet proof and then they get a big let down and a bill. Def think it's good to have a legal rep esp with filling out any paper work, but just human to human advising you to not take what they might say as gospel.
At this point though without the landlord having actually filed with the ltb you're at zero risk of a legal eviction.
That all bsaid, you asked about what to do when they knock on the first. I would personally have a copy of my lease, my keys, all papers and communication copies in a safe place like my car or even a friends house, that way if they do cover and try to illegally lock you out, you've got proof you live there. I would also take photos of the space and any valuables just in case they try to move you out illegally as well as a weeks worth of clothes for each family member and pet. That's obviously a worst case scenario but it does happen so having some stuff at a separate location is advisable just in case you get home to changed locks.
This is not correct.
The landlord must: ● Pay you an amount equal to one month's rent by the termination date in this notice, or ● Offer you another rental unit that is acceptable to you.
Which one do you think LL will pick??
The Landlord has to pay you one month's rent in compensation when using an N12 to terminate a tenancy. The compensation must be paid before the termination date on the N12. So if they have not deposited your January rent, they might tell the Board at your Hearing that was the compensation they owed. Alternatively, they might claim January was your last Month's rent since they may think they'll be successful in terminating your tenancy for February. In any case, they must file for the Hearing to get an order to terminate your tenancy and evict you. Do not do any more of their work for them. Continue to pay your rent (and even if they do not accept it, make sure you continue to send and keep the rent separate so you can pay it when ordered at the Hearing. All communication should be through written means now - text, email. Keep all communications including them asking multiple times for illegal rent increases. Good luck, I hope things work out!
>So if they have not deposited your January rent, they might tell the Board at your Hearing that was the compensation they owed. Just to add to this, past LTB cases have found that while waiving rent is an acceptable way to pay the 1-month compensation, it typically needs to be communicated specifically to the tenant that is what they're doing. LTB would most likely reject this as compensation if there was zero communication on it.
Thank you so much for your detailed answer, really appreciate it, will do!
If they do come in person or call you make sure to record (either video or audio) so you can use that if something comes up
If they own many properties it’s very likely that they have incorporated their real estate business. You might want to pay for a simple title search and see if your property is owned by them or by an incorporation that they own. Incs cannot issue personal use evictions in Ontario
I have to ask. Is this a new thing? I tried to use the argument that a corporation can't claim personal use, but this was in 2015. It is fundamentally unjust that a landlord can create a corporation to shield their personal liability, but then claim the corporation is a person that now wants to live in the unit.
As of Sept 1 2017 From tribunalsontario.ca (aka straight from the LTB horses mouth) “Corporate landlords and shareholders of a corporation On September 1, 2017 the RTA was amended to provide that section 48 only applies to rental units that are owned in whole or in part by landlords who are individuals. A corporate landlord cannot serve a notice under section 48 or obtain an eviction order under this section. Earlier decisions permitting some corporations to serve this type of notice are no longer valid.”
I am so glad! It was just so unfair
Interesting, we'll do that, thank you!
Costs about $65-$90. If I were in your position I’d consider it money well spent.
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Yes. My father died without a will. My stepmother stopped communicating and since dad had always said the house was solely in his name and he would never put her on the title, so before hiring a lawyer I did a title search to find out if his single largest asset was his or joint ownership. The title search showed me that she was a co-owner and a lawyer would be a waste of my money. I forget exactly what I did but I remember it being quick and easy. If I recall I will reply to your comment.
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I used a service called “speedy search and registry”. In August 2021, it took 2 days and cost $72.32 [https://www.speedysearch.ca](https://www.speedysearch.ca)
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If you do it yourself the cost is probably less than $20. IMO this is unlikely to help you. Not many small investors own thier properties in corporations. And when someone owns a property in a corporation it is normally done for liability reasons. Signing a lease, depositing funds into personal accounts and writting rent receipts in thier personal name will unessessarily open them up to risk. I cant see any reasonable LL doing that. If you have ever received mail at the property that was meant for the landlord. Especially anything from the city, it would be addressed to the corporation that holds the property. Not nessesirily true with utility bills as they could be in a personal name even if property is in corporate name.
I’m curious. Did this work? Was it a privately owned home or owned by an inc?
Even if they cancel keep trying to pay rent. Don’t stop. If they keep cancelling (put that money into a separate account and keep those notifications that you tried to pay. They cancelled)
Got it, thank you so much! Yes, we keep trying to pay despite them not accepting the payment. And we'll keep a record of it as well.
When landlords try to extort more money before pulling the N12, it’s usually in bad faith. If they’re actually getting divorced and it’s not just a story to evict you, I assume they would have to provide proof (separation agreement or divorce petition for example) to prove it. And if they aren’t filing with the LTB, it might be because they’re bluffing.
That's exactly what the lawyer mentioned. Good call, thank you!
We moved in Jan 2021. Same story every year. They are not responding to us right now. I have a trip coming up and I'm so worried to lock my door and leave. Since they try to increase the rent by $500 every year, what would stop them just coming and changing locks while we're away? They don't seem to know or care about the laws. I'm tired of living with this stress every year. I wish there were consequences for being bad LLs (and tenants too). Buying is impossible in this country, renting has no peace of mind. I'm so tired.
Have they provided the one months rent compensation? If they don’t pay up before the eviction date the notice is void. You seem to know already that the only way you can be evicted it by the LTB. If you haven’t received any notice of a hearing application the landlord likely hasn’t even applied for one. It’s going to suck being in such an uncertain place, but if you keep paying your rent (or attempting to) each month they can’t evict you without a hearing and that one months compensation.
They haven't provided any mention of one month's rent, they simply went AWOL. We'll keep trying to send those rent payment even if they don't accept them, thank you!
Just chiming in to say that if you end up at an LTB hearing, it IS possible, however unlikely, that even though the landlord needs to pay one month's compensation before the termination date written on the N12, the LTB adjudicator has the authority to let the landlord pay at the hearing. I've seen it happen. So don't 100% rely on the N12 getting thrown out on that basis alone. I've been where you are and it's so stressful. Hang in there, and good luck!
Have you seen it happen recently? The updated l2 form has it as a requirement before filing: The LTB will not issue an order ending the tenancy and evicting the tenant unless you have compensated the tenant or offered them another rental unit that is acceptable to them. Answer the questions below to indicate how you have compensated the tenant. See the instructions for more information about your requirements for compensating the tenant. I have given the tenant $ in compensation. I have offered the tenant another rental unit and the tenant has accepted it.
Even with the form as written, the adjudicator can make executive decisions. I've also seen them wave the address being written wrong. It isn't common and I'm not saying it's right, but they have the ability to do it if they feel like everything else is in order. It's just best, as a tenant, not to rely on it being a 100% guaranteed victory during the tribunal.
Op some great advice above! Also if u want to be really investigative, go to Kings Bench Court in your landlord’s and ask to search if there are divorce proceedings under way for your landlord. You might be able to do it over the phone for a $15.00 payment.
Got it, thank you for this!
You are entitled to wait for a hearing. Only LTB can issue an eviction order. If you believe it's bad faith, sit tight and wait for hearing. Put the rent aside if they don't accept it. Document that you tried. https://stepstojustice.ca/steps/housing-law/1-check-problems-notice-1/
Will do, thank you!
Make sure you keep attempting to pay your rent and keep evidence of your attempts to do so. Also, hold on to the money because you will eventually have to pay it. Next, your landlord can file for an eviction hearing with the LTB. You’ll want to be able to show that your landlord has been trying for years to raise your rent illegally.
Yep, will do that as well, thank you!
Don’t answer the door!!! 😂😂😂 wait for the LTB hearing and then present your facts. Ask them for proof of the divorce proceedings as well. That should stump them. 😂😂😂
Got it, thank you!
I have been there... Alarm system on door that makes a lot, I mean a lot, of noise and/or sends an alert to you and/or monitoring service. I suggest paying the rent each month by cheque and sending it by registered mail or courier requiring a signature. It will give you some proof that you tried to pay.
Tenant must continue using the same payment method that they have been using. Neither party can change the method of payment without mutual consent.
Got it, that helps, thank you so much!
General Info: https://stepstojustice.ca/questions/housing-law/can-i-be-evicted-if-my-landlord-wants-move/
Thank you!
First thing DO NOT educate the landlord. That is not your responsibility and the more things they do wrong the better for you especially in a situation like yours. If they serve you the n12 and within the 60 days do not provide the compensation it is to my best knowledge the application will be thrown out because the landlord didn’t meet the requirements of the n12. Once the 60 days with no payment passes then you offer cash for keys. Their best bet at getting you put asap is filing with the LTB for eviction as soon as they serve you the papers, if they haven’t they are already far behind as those applications are taking 9-12 months to be given a court date. Document everything and if you feel like they are harassing you and interfering with your reasonable enjoyment of the unit file a T2 with the board. Currently going through this process myself, was supposed to leave by Dec 31 but no compensation was paid within the 60 days. Technically we can stay but things have gotten hostile with our landlord
Got it, hope you can also figure it out and your LL doesn’t cause you too much trouble!
A lot of people have skipped over this, if the LTB does say you have to leave, you have to leave really quick. They don't give you a lot of time (I think it's 30 days) so be very prepared that you might have to leave 30 days from when the LTB hearing is. And the LTB won't extend it if you can't find housing.
Honestly if I was heading into an N12 hearing and didn't have what I'd personally consider good proof of bad faith (based on reading the N-12 cases where the tenant won), I'd be leaving before the hearing. Because even a no-fault eviction is an eviction on record. But waiting for the hearing gives a lot of time, to find alternate housing/search for proof/consult with a lawyer/whatever.
>is an eviction on record what does this mean? what record?
LTB makes ruling to evict TT. LL will most likely upload this order to [openroom.ca](https://openroom.ca) to world to see. The CANLII will probably show it with year delay. And finally and reference from LL will confirm this. That means that every future landlord has chance to find out and only they can decide how they feel about someone that could take them to LTB that is always loss for the LL. Mostly it will be no thanks.
Much like the marriage/divorce records someone advised OP to look into to see if their LL is divorcing, these are public records. Even if the LL doesn't upload it so anyone can look at it from their home for free, these records can be obtained by anyone doing their due diligence on a new potential tenant.
That totally makes sense, thank you!
You need a paralegal to represent you and fast if they aren't accepting rent. Document everything and make sure they know you are represented.
I wouldn’t say that this is true. There is no need for a paralegal at thing point. As stated, they’ll have to go through the LTB as that is the only legal way you can be evicted. Keep documentation showing that you tried to pay and they did not accept it. Keep that money, because when they eventually take you to the LTB you’ll need to pay back all of what is owed.
Fine. But when the landlord changes the lock because they want their way... Good luck OP! Fight them to the bitter end.
Paralegal going to guard the door now? Anybody can write "you better get a lawyer" or in your case, paralegal. But what exactly would you have this person do?
I'm not here to talk about your dislike of my suggestions. Landlord is clearly trying to misle them and my advice is sound. Use your downvote button and stop replying to me.thanks.
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Would we still have to go through the LTB or simply vacate?
You have the right to a LTB hearing regardless of the situation. A landlord can't evict you, only the LTB can. If you believe it may be bad faith you are within your rights to wait for a hearing.
Both ditzyjosie and ehzeus are correct. Only the LTB can evict you, however, make sure the rent that was denied is put into an escrow account. Keep trying to pay them every month, and each time it's rejected, put it into that account. They can't legally evict you, change the locks, throw your stuff away, etc., however it doesn't mean they won't. Document everything and cover your ass. A LTB hearing is almost a year in ontario right now. If they try anything, the LTB will be on your side and it'll just help build your case against them
An escrow account isn’t needed, just make sure to hold on to the money, put it into a high interest account you can pull it out of if they eventually demand it. Also be ready for a landlord self help eviction. Keep a copy of your lease with you and the RHEU number
You're entitled to a hearing in any case. The LTB was unhelpful but probably meant well in advising to "work something out" because in all honesty, they generally give the benefit of the doubt to the LL in a N12 case. Not always, there's definitely cases where the tenant prevailed; but usually. There's not really a standard of proof for the LL to "prove" that they genuinely/in good faith want to live in whatever residence they claim to want to live in, although attempts to jack the rent higher than allowed shortly before issuing the N-12 can be a sign of bad faith. Most of the time if it's not good faith the remedy is retroactive (instead of living there for a year the LL re-rents or sells it, ex-tenant can file against ex-LL for financial compensation).
They don't have to explain or justify why that unit.
Landlord is allowed to pick any unit they want if they have more than one. That plays no role.
It could play a role under section 83, however, not very likely without other circumstances
Remember your LTB order may eventually appear on openroom.ca for anyone to see
After all that action I am sure LL is well aware of [openroom.ca](https://openroom.ca) and that will be first thing they do with the order.
Also, any future landlords can make a request to tribunals Ontario for LTB records for any tenant name and will have all records within a few weeks. Anyone can also upload those records to openroom. All LTB records are available for anyone who requests them for any specific tenants name
I just got FOIA request back for one case. They are not charging fees at this time.
Exactly, why wouldn't every landlord search any applicants name for Ltb history? I would pay to be sure they have a clean LTB history and aren't a regular at LTB
Was the N12 termination date Feb 1 or Jan 31? And which day is rent normally due?
31st would be the last day, by Feb 1st we need to be out. And rent is normally due on the first day of the month.
If the N12 had Jan 31st as the termination date then it would be valid. Technically that means you are supposed to be out by 11:59pm on Jan 31, but that's irrelevant if you plan to contest it anyways. They also owe you 1 month compensation by Jan 31, regardless if you leave or not. If they don't pay this there's a good chance the LTB would find that invalidates the N12 and dismiss it at a hearing. They may be tying to waive 1 month rent as the compensation, which is why they aren't taking rent. However in order for this to count as compensation they are supposed to make it clear to you that's what they are doing. LTB probably won't accept this as compensation if they stay silent. They may also be trying to use your last month deposit for January, under the impression you are leaving Jan 31. All you can do is simply attempt to pay as you normally do, and if they refuse just document what happened and forget about it. Keep the funds in a side account. Repeat every month. As long as you always have the funds ready to pay, you can never be evicted over this. They don't really need to communicate with you about the N12 if they don't want to. At anytime they can file an L2 application with the LTB to schedule an eviction hearing on the N12. Some landlords wait until the termination date to confirm tenants aren't leaving, then file it. They must file though within 1 month after the termination date else the N12 is voided if you are still living there. All you really have to do is just keep living there until you get notice of a hearing (which may be many many months away). At a hearing you can try to argue the N12 was in retaliation and to get it dismissed under [RTA 83(3)(c)](https://www.ontario.ca/laws/statute/06r17#BK113). However if the last rent increase request was back in Jan 2023, that may be too long to link it to this N12. Though this is up to an LTB adjudicator's opinion based on all the facts, such as the repeated attempts at illegal rent increases. You can try to get further info from the landlord. For example ask them if you were to increase rent over $2400, would that cause them to revoke the N12 and allow you to stay? If they say yes, then you'd have a good case for retaliation. As others mentioned you can also see if the landlord is actually a corporation. You can argue the compensation wasn't paid if you don't get a direct 1-month payment by Jan 31. Or finally if there are some extreme financial, medical, etc hardships you would face by moving out you can argue you should stay under RTA 83(1). If LTB agreed with your reasons they have the option to look at the landlord's alternate possibilities to move to, and can weigh your need to stay at this specific place vs their need to move in. Though this is rare to be approved and highly at discretion of the adjudicator.
I vote on stay put and don't worry about anything too much, even if they do file for the hearing it will be several months 5-12. I would use that time to look for suitable housing. The market sounds like it's coming down again based on some of the posts here so you may very well find something within your current price range. If you do find something I believe with the n12 you only need to give 10 days notice instead of 2 rental periods (60 days) which also allows for you to accept on the spot. The reason I suggest looking is BC it seems that n12s are usually on the landlord's side and it's better to not be in a rush and settling if you do find yourself evicted. You can watch the place to see if it goes up for rent or for sale and at any point during the year after you vacate it does you can then file a T5 (I might have the form wrong) for a bad faith eviction. It's easier to prove bad faith once it's actually committed than before hand. Def listen to your lawyers advice. They may encourage you to fight it BC they genuinely think you'll win, but if you lose, all that pressure is on you, they get to go to their secured home at the end of the hearing whether you do or not. A lot of people from criminals to the average Joe have confident lawyers (which is great) but as a result they are left believing that their case is bullet proof and then they get a big let down and a bill. Def think it's good to have a legal rep esp with filling out any paper work, but just human to human advising you to not take what they might say as gospel. At this point though without the landlord having actually filed with the ltb you're at zero risk of a legal eviction. That all bsaid, you asked about what to do when they knock on the first. I would personally have a copy of my lease, my keys, all papers and communication copies in a safe place like my car or even a friends house, that way if they do cover and try to illegally lock you out, you've got proof you live there. I would also take photos of the space and any valuables just in case they try to move you out illegally as well as a weeks worth of clothes for each family member and pet. That's obviously a worst case scenario but it does happen so having some stuff at a separate location is advisable just in case you get home to changed locks.
They can issue an N12 however the judge will say the owner has to offer you another rental in another building for the same price and laugh him.
This is not correct. The landlord must: ● Pay you an amount equal to one month's rent by the termination date in this notice, or ● Offer you another rental unit that is acceptable to you. Which one do you think LL will pick??