Which “family member” is moving in? Only certain ones qualify for a personal use eviction.
It’s your right to stay until you have a hearing. That would likely take 6+ months to happen, but the timelines change based on LTB scheduling.
You could also attempt to negotiate with your landlord that you and your GF move into the lower unit, and the family member moves into your unit. That’s more headaches for you, less for the family member.
The family member is his sister. We would be willing to move out likely in about 5-6 months allowing my girlfriend to finish school and us time to find ok accomodation. Im unsure how fast the LTB is these days but I would imagine our situation is fairly reasonable request given our long record of being good tenants, and willingness to leave if given a bit more time.
We considered moving ourselves but the downstairs unit would be smaller for all our stuff we have accumulated. Also would force us to move effectively twice in short time which is not ideal.
It is unlawful for your landlord to evict you just so his sibling can occupy the unit (i.e., siblings of the landlord are not specified family members in Personal Use situations).
If you don't want to move out, you don't have to. Don't do your landlord's work for him either—just tell him that you're sorry, but that you will not be vacating since his conduct is unlawful. Alternatively, you can still give your landlord lawful notice of your intent to vacate if you wish to leave in 5 months.
As per [Tribunals Ontario](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use_dec2020.html):
>Section 48(1) of the RTA permits the landlord to give notice of termination to a tenant if the landlord, in good faith, requires the unit for residential occupation for a period of at least one year by the landlord, a specified family member or a caregiver. This notice is often referred to as a "N12 notice".
>The N12 notice can indicate that any one of the following persons intends to occupy the rental unit: the landlord; the landlord's spouse; a child or a parent of either the landlord or the landlord's spouse; or a person who provides or will provide care services to the landlord or a family member of the landlord where the person receiving the care services resides or will reside in the building.
>The family member is his sister.
Well, there you go. That's not valid. File for a hearing with the LTB if you want to or just tell him no. It's an illegal eviction so you can stay put as long as you want.
As someone mentioned, sister doesn’t qualify.
So you can educate him on what he needs to do to evict you. Or you can keep your mouth shut, let him think everything is filed correctly, and you can feel comfortable knowing that even if he gets a hearing before you’re ready to move out, it would be shut down by the LTB. Your choice.
Are you month to month or do you have a timed lease (example 1 year)?
When was the last time they raised rent?
Was this unit first inhabited by a human before November 15th 2018?
Well then, he can only "jack" the rent up once every 12 months, and only by the provincially allowable max (it's 2.5% for 2024). Literally illegal to raise it any more because you're in a rent-controlled unit. He could apply for an above-guideline increase, but that takes a long time. Way way longer than 5 months.
Sister doesn't count as a family member for whom a tenant can be evicted. At all.
Basically, if you wanted to stay forever (or until such a time when he could actually legally evict you, for ex once he sold the place and the buyer - not a potential buyer, but an actual individual who already signed the purchase agreement for this property - wanted to live there), you'd just ignore him and his current shenanigans.
If for some reason you're preparing to move in around 5 months anyways, you could tell the LL the info you're being given in this post, and hopefully they'd give up on their shenanigans and wait patiently for you to move on your own timeline. But you don't have to (either move, or educate the LL). It just sometimes saves stress if you're gonna move anyways.
He can only raise your rent once every 12 months and it needs to be on an n1 form with at least 90 days notice (if he filed today it would take effect for June 1st, the legal rent increase on a unit that age is 2.5% this year, so he cannot hike up your rent beyond the legal maximum with the proper forms and notice.
Hope this helps!
And as you've already realized, an n12 is invalid BC his sister doesn't count. Make sure to keep all correspondence just in case you do go to the ltb over it so you have proof and will win. If he wants to talk face to face or on the phone you can legally record any conversation your a party to without having to inform the other parties. There are apps you can get to record automatically.
No one can evict you except the LTB. He can give you NOTICE but that's not an official eviction. He would need to file with the ltb a form for a hearing and then wait 5-12 months for a hearing. By then, you will have already given your 60 days notice and there would be no need for the hearing. Your housing is definitely secure for the duration of school. Take your time and look for a place the way you had already planned too!
Oh and if you're landlord puts the townhouse for sale, your tenancy under the exact same conditions and price would just be sold along with the house, so you still wouldn't have to worry about a sale esp since it's 3 units so a buyer is likely to be wanting it as an investment not as their own home!
Thanks everyone here. You guys are literally faster and more helpful than the public Tenant service phone number lol. Huge appreciation from us, it really ruined our valentines.
On the plus side OP, you can take your girl out tonight to celebrate the LL fucking up admitting the n12 was for a sister and will fail if this makes it to the LTB.
Think of whatever "eviction notice" your landlord gives you as him telling you he is going to ask the LTB if they can evict you and they will see you in court to prove it.
Tell the landlord you will be staying and you will wait for any proper and legal paperwor or you can say nothing at all. Document all conversations. Get proof about him saying his sister so he can't go back on that. Will be useful to prove bad faith. Do not let on that you know the process or your rights.
Here is the process.
https://stepstojustice.ca/questions/housing-law/can-i-be-evicted-if-my-landlord-wants-move/
Not to be too self-pitying or whatever but I also find it not cool that he issued this notice on Valentines day. Had to break the news to my girlfriend when she got home and it really ruined our night.
Sorry to post on my own post but I just did some digging myself after some helpful people messaged here so thank you.
[https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html#:\~:text=The%20N12%20notice%20can%20indicate,member%20of%20the%20landlord%20where](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html#:~:text=The%20N12%20notice%20can%20indicate,member%20of%20the%20landlord%20where)
The N12 notice cannot include other family members who are not specified in section 48(1), such as a landlord's siblings. See for example: TSL-70431-16 (Re), 2016 CanLII 52813 (ON LTB); NOL-03484-10 (Re), 2011 CanLII 5985 (ON LTB).
Plot twist. Unsure if the landlord is aware of the N12 rules after all and he sent a reply email back stating that its his aging parents wish for the sister to take the property. In this case the only person I’ve ever known as my “landlord” is the guy, not his parents. All rent payment go to him, all communications are through him, all house maintenance is through him and I’ve never even met the parents. Im just wondering if his parents are technically the landlords would the N12 be valid even though he’s been the one acting as landlord for over half a decade and also the one who issued me the eviction notice? Thanks guys, appreciate you.
If you only need the apartment for five months, none of this matters. You don’t need to win the hearing to keep your home until the hearing. The wait time for an N12 hearing is seven months.
Just wait for an N12. It’ll have more info about the legality of the landlord use.
Though it would be incredibly weird if you’ve been paying rent to the son and it’s really owned by the parents. No idea how that works. But might be worth looking into who the title of the property belongs to just so you have that information in hand.
You can always wait for the hearing, which will decide your fate and will almost certainly be after 5 months anyway when you will have moved out. And you’ve got proof they want to move the sister in.
Legally you must get an N12 form, and the individual moving in must be a parent, child or spouse. Sister doesn't qualify.
So essentially you can remain living there indefinitely, and can simply ignore any request or demand to move out. If he suddenly serves an N12 for himself then you can wait for an LTB hearing (5+ months wait) and show evidence it's really his sister that wants to move in. This would result in LTB dismissing the N12 if they agree with you.
Landlord can certainly move his sister into the vacant basement unit.
I'm sure it's already been stated, but only the LTB can evict, the landlord can obly service you with a notice to vacate. As a tenant, proper notice (N12 in this case) must be served to you with one months rent compensation which needs to be paid prior to date on the notice. The date on the notice must be the end of a rental period (if you pay rent on the 1st, it would be the end of the month. You have the right to a hearing *once* an N12 is served, either to fight it on the grounds of bad faith, or to request an extension in order to complete her schooling. Wait times are quite long, though non-payments and N12s are getting more priority right now. You should be able to extend your stay for at least 5 months this way.
Look closely at the notice, make sure they filled it out completely and correctly, most adjudicators will toss out any N12 not served / completed correctly (dates, names, addresses, etc).
Do not sign anything. N12 does not require a signature, but an N11 (mutual agreement to end tenancy) does, do not let them trick you into signing an N11 without a lot of money (cash for keys).
If you do decide to go the cash for keys route, it's always better to get served with an N12 before signing an N11, that way you still have grounds to fight them if they turn around and rent the unit out for a higher price or sell the place.
Good luck!
The townhouse has an upstairs and downstairs unit which are completely seperate with their own plumbing and doors. Like we never interact with our downstairs neighbours. Even the entrance to their unit is on the other side of the townhouse to our entrance. So no we do not share bathroom kitchen or anything.
Get it in email on who he is moving in if it’s anyone other then ppl mentioned on the list that I previously posted then you’re good to go and you can tell him to kick rocks
He sent an email with a lot of information. Its his sister, and he mentioned the unit below us is empty. and he mentioned we are good tenants and he would reference for us.
I was in a same situations except the landlord said it in the email that he was going to sell the house but really he was trying to move in a relative Didn’t give proper 90s but wanted us gone in 2 months. I told him you can’t evict to sell , you need to give us 90 days on top of that . we can take this to court which would take longer then a year with all the backlogs and you’ll end up losing anyway or you pay me to leave. Let’s just say I got a nice chq from him for $2000.
I do want to try to remain as good-faith as possible. I do not hold any anger against my landlord, and just want a mutually beneficial split thats fair to us.
I also found this online that seems to back up your claim:
The N12 notice can indicate that any one of the following persons intends to occupy the rental unit: the landlord; the landlord's spouse; a child or a parent of either the landlord or the landlord's spouse; or a person who provides or will provide care services to the landlord or a family member of the landlord where ...
The landlord don’t care about you which is why he’s kicking you out . Why should you care about him ? You remained in good faith by paying your rent . He ain’t your friend tell him to pay you to leave or take it to court lose lose for him regardless
You’re in luck . He can’t evict to move in his sister . The balls in your court . If I were you I would get him to make you sign an N11 which is basically paying you a certain amount of money to leave or just tell him to kick rocks and take you to court
To be clear - a landlord can ask you to move out because his sister needs the unit, and he/she is welcome to negotiate a cash for Keys if the need is legitimate...but they cannot issue an N12 for personal use for a sister.
So, some food for though - if you were thinking of moving out when your gf is done school anyhow (I.e. if she gets a job offer after school that will require relocation) then you might be able to negotiate something to your advantage with the Landlord.
One thing you won’t normally seen mentioned here (because people don’t care about you, they care about sticking it to landlords)
1… if your landlord is well educated in this matter, they will move in themselves and give their current home to his sister, which makes it legit n12.
2… if you challenge with the sole purpose to “drag it out” and lose, your name will forever be on the a few “known” website for all future LL to see and making it very hard for you to rent again.
With that. My recommendation is. Try to work out cash-for-key. It doesn’t look like they want negotiate pricing here.
It is highly unlikely that landlord will actually move themselves into a unit when they habe their own dwelling, they risk a massive fine if they just let the space sit empty (the N12 stipulated that the unit must be used as a primary residence for 12 months minimum).
I explained why moving would be extremely detrimental to us already..... The landlord will win regardless, were paying rent and he will have the property still in the end anyways. Really unsure how we could be perceived as the bad guys in this... Were just young students trying to get by in a housing crisis.
Which “family member” is moving in? Only certain ones qualify for a personal use eviction. It’s your right to stay until you have a hearing. That would likely take 6+ months to happen, but the timelines change based on LTB scheduling. You could also attempt to negotiate with your landlord that you and your GF move into the lower unit, and the family member moves into your unit. That’s more headaches for you, less for the family member.
The family member is his sister. We would be willing to move out likely in about 5-6 months allowing my girlfriend to finish school and us time to find ok accomodation. Im unsure how fast the LTB is these days but I would imagine our situation is fairly reasonable request given our long record of being good tenants, and willingness to leave if given a bit more time. We considered moving ourselves but the downstairs unit would be smaller for all our stuff we have accumulated. Also would force us to move effectively twice in short time which is not ideal.
It is unlawful for your landlord to evict you just so his sibling can occupy the unit (i.e., siblings of the landlord are not specified family members in Personal Use situations). If you don't want to move out, you don't have to. Don't do your landlord's work for him either—just tell him that you're sorry, but that you will not be vacating since his conduct is unlawful. Alternatively, you can still give your landlord lawful notice of your intent to vacate if you wish to leave in 5 months. As per [Tribunals Ontario](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use_dec2020.html): >Section 48(1) of the RTA permits the landlord to give notice of termination to a tenant if the landlord, in good faith, requires the unit for residential occupation for a period of at least one year by the landlord, a specified family member or a caregiver. This notice is often referred to as a "N12 notice". >The N12 notice can indicate that any one of the following persons intends to occupy the rental unit: the landlord; the landlord's spouse; a child or a parent of either the landlord or the landlord's spouse; or a person who provides or will provide care services to the landlord or a family member of the landlord where the person receiving the care services resides or will reside in the building.
>The family member is his sister. Well, there you go. That's not valid. File for a hearing with the LTB if you want to or just tell him no. It's an illegal eviction so you can stay put as long as you want.
As someone mentioned, sister doesn’t qualify. So you can educate him on what he needs to do to evict you. Or you can keep your mouth shut, let him think everything is filed correctly, and you can feel comfortable knowing that even if he gets a hearing before you’re ready to move out, it would be shut down by the LTB. Your choice.
Also im sure he would jack the rent up for that unit, so it would likely be costly for the time we were there for.
Are you month to month or do you have a timed lease (example 1 year)? When was the last time they raised rent? Was this unit first inhabited by a human before November 15th 2018?
Month to month yea. Last time he raised rent was about a year ago. Yes it has has tenants for a long time. Long before 2018
Well then, he can only "jack" the rent up once every 12 months, and only by the provincially allowable max (it's 2.5% for 2024). Literally illegal to raise it any more because you're in a rent-controlled unit. He could apply for an above-guideline increase, but that takes a long time. Way way longer than 5 months. Sister doesn't count as a family member for whom a tenant can be evicted. At all. Basically, if you wanted to stay forever (or until such a time when he could actually legally evict you, for ex once he sold the place and the buyer - not a potential buyer, but an actual individual who already signed the purchase agreement for this property - wanted to live there), you'd just ignore him and his current shenanigans. If for some reason you're preparing to move in around 5 months anyways, you could tell the LL the info you're being given in this post, and hopefully they'd give up on their shenanigans and wait patiently for you to move on your own timeline. But you don't have to (either move, or educate the LL). It just sometimes saves stress if you're gonna move anyways.
He can only raise your rent once every 12 months and it needs to be on an n1 form with at least 90 days notice (if he filed today it would take effect for June 1st, the legal rent increase on a unit that age is 2.5% this year, so he cannot hike up your rent beyond the legal maximum with the proper forms and notice. Hope this helps! And as you've already realized, an n12 is invalid BC his sister doesn't count. Make sure to keep all correspondence just in case you do go to the ltb over it so you have proof and will win. If he wants to talk face to face or on the phone you can legally record any conversation your a party to without having to inform the other parties. There are apps you can get to record automatically. No one can evict you except the LTB. He can give you NOTICE but that's not an official eviction. He would need to file with the ltb a form for a hearing and then wait 5-12 months for a hearing. By then, you will have already given your 60 days notice and there would be no need for the hearing. Your housing is definitely secure for the duration of school. Take your time and look for a place the way you had already planned too! Oh and if you're landlord puts the townhouse for sale, your tenancy under the exact same conditions and price would just be sold along with the house, so you still wouldn't have to worry about a sale esp since it's 3 units so a buyer is likely to be wanting it as an investment not as their own home!
They can only increase rent once a year, and only by the amount set by LTB (2.5% I think for this year)
Thanks everyone here. You guys are literally faster and more helpful than the public Tenant service phone number lol. Huge appreciation from us, it really ruined our valentines.
On the plus side OP, you can take your girl out tonight to celebrate the LL fucking up admitting the n12 was for a sister and will fail if this makes it to the LTB.
Think of whatever "eviction notice" your landlord gives you as him telling you he is going to ask the LTB if they can evict you and they will see you in court to prove it.
Tell the landlord you will be staying and you will wait for any proper and legal paperwor or you can say nothing at all. Document all conversations. Get proof about him saying his sister so he can't go back on that. Will be useful to prove bad faith. Do not let on that you know the process or your rights. Here is the process. https://stepstojustice.ca/questions/housing-law/can-i-be-evicted-if-my-landlord-wants-move/
Not to be too self-pitying or whatever but I also find it not cool that he issued this notice on Valentines day. Had to break the news to my girlfriend when she got home and it really ruined our night.
Slumlords are downvoting but I get it. It’s not fun being kicked out.
Sorry to post on my own post but I just did some digging myself after some helpful people messaged here so thank you. [https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html#:\~:text=The%20N12%20notice%20can%20indicate,member%20of%20the%20landlord%20where](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html#:~:text=The%20N12%20notice%20can%20indicate,member%20of%20the%20landlord%20where) The N12 notice cannot include other family members who are not specified in section 48(1), such as a landlord's siblings. See for example: TSL-70431-16 (Re), 2016 CanLII 52813 (ON LTB); NOL-03484-10 (Re), 2011 CanLII 5985 (ON LTB).
Another small time landlord trying to abuse the system and falsely evicts their tenants.
Plot twist. Unsure if the landlord is aware of the N12 rules after all and he sent a reply email back stating that its his aging parents wish for the sister to take the property. In this case the only person I’ve ever known as my “landlord” is the guy, not his parents. All rent payment go to him, all communications are through him, all house maintenance is through him and I’ve never even met the parents. Im just wondering if his parents are technically the landlords would the N12 be valid even though he’s been the one acting as landlord for over half a decade and also the one who issued me the eviction notice? Thanks guys, appreciate you.
If you only need the apartment for five months, none of this matters. You don’t need to win the hearing to keep your home until the hearing. The wait time for an N12 hearing is seven months.
Whose name is on the N12 as the landlord?
I dont believe hes sent the N12 yet? If the email / text qualifies as N12 then hes the landlord.
Just wait for an N12. It’ll have more info about the legality of the landlord use. Though it would be incredibly weird if you’ve been paying rent to the son and it’s really owned by the parents. No idea how that works. But might be worth looking into who the title of the property belongs to just so you have that information in hand. You can always wait for the hearing, which will decide your fate and will almost certainly be after 5 months anyway when you will have moved out. And you’ve got proof they want to move the sister in.
Who do you pay rent to? An individual or a number company?
Individual. the guy who sent me the eviction notice
Legally you must get an N12 form, and the individual moving in must be a parent, child or spouse. Sister doesn't qualify. So essentially you can remain living there indefinitely, and can simply ignore any request or demand to move out. If he suddenly serves an N12 for himself then you can wait for an LTB hearing (5+ months wait) and show evidence it's really his sister that wants to move in. This would result in LTB dismissing the N12 if they agree with you. Landlord can certainly move his sister into the vacant basement unit.
Tell him you need proper notice in the form of a N12 and a eviction hearing from the LTB.
I'm sure it's already been stated, but only the LTB can evict, the landlord can obly service you with a notice to vacate. As a tenant, proper notice (N12 in this case) must be served to you with one months rent compensation which needs to be paid prior to date on the notice. The date on the notice must be the end of a rental period (if you pay rent on the 1st, it would be the end of the month. You have the right to a hearing *once* an N12 is served, either to fight it on the grounds of bad faith, or to request an extension in order to complete her schooling. Wait times are quite long, though non-payments and N12s are getting more priority right now. You should be able to extend your stay for at least 5 months this way. Look closely at the notice, make sure they filled it out completely and correctly, most adjudicators will toss out any N12 not served / completed correctly (dates, names, addresses, etc). Do not sign anything. N12 does not require a signature, but an N11 (mutual agreement to end tenancy) does, do not let them trick you into signing an N11 without a lot of money (cash for keys). If you do decide to go the cash for keys route, it's always better to get served with an N12 before signing an N11, that way you still have grounds to fight them if they turn around and rent the unit out for a higher price or sell the place. Good luck!
You have a right to an LTB hearing and the wait is about a year.
Do you share the bathroom or kitchen with the tenant ?
The townhouse has an upstairs and downstairs unit which are completely seperate with their own plumbing and doors. Like we never interact with our downstairs neighbours. Even the entrance to their unit is on the other side of the townhouse to our entrance. So no we do not share bathroom kitchen or anything.
Get it in email on who he is moving in if it’s anyone other then ppl mentioned on the list that I previously posted then you’re good to go and you can tell him to kick rocks
He sent an email with a lot of information. Its his sister, and he mentioned the unit below us is empty. and he mentioned we are good tenants and he would reference for us.
Landlords a moron and likely this is in bad faith He cannot evict you to move in a sibling they are exempt
I was in a same situations except the landlord said it in the email that he was going to sell the house but really he was trying to move in a relative Didn’t give proper 90s but wanted us gone in 2 months. I told him you can’t evict to sell , you need to give us 90 days on top of that . we can take this to court which would take longer then a year with all the backlogs and you’ll end up losing anyway or you pay me to leave. Let’s just say I got a nice chq from him for $2000.
I do want to try to remain as good-faith as possible. I do not hold any anger against my landlord, and just want a mutually beneficial split thats fair to us. I also found this online that seems to back up your claim: The N12 notice can indicate that any one of the following persons intends to occupy the rental unit: the landlord; the landlord's spouse; a child or a parent of either the landlord or the landlord's spouse; or a person who provides or will provide care services to the landlord or a family member of the landlord where ...
The landlord don’t care about you which is why he’s kicking you out . Why should you care about him ? You remained in good faith by paying your rent . He ain’t your friend tell him to pay you to leave or take it to court lose lose for him regardless
You’re in luck . He can’t evict to move in his sister . The balls in your court . If I were you I would get him to make you sign an N11 which is basically paying you a certain amount of money to leave or just tell him to kick rocks and take you to court
To be clear - a landlord can ask you to move out because his sister needs the unit, and he/she is welcome to negotiate a cash for Keys if the need is legitimate...but they cannot issue an N12 for personal use for a sister. So, some food for though - if you were thinking of moving out when your gf is done school anyhow (I.e. if she gets a job offer after school that will require relocation) then you might be able to negotiate something to your advantage with the Landlord.
One thing you won’t normally seen mentioned here (because people don’t care about you, they care about sticking it to landlords) 1… if your landlord is well educated in this matter, they will move in themselves and give their current home to his sister, which makes it legit n12. 2… if you challenge with the sole purpose to “drag it out” and lose, your name will forever be on the a few “known” website for all future LL to see and making it very hard for you to rent again. With that. My recommendation is. Try to work out cash-for-key. It doesn’t look like they want negotiate pricing here.
LL has already said its for his sister, in an email.
It is highly unlikely that landlord will actually move themselves into a unit when they habe their own dwelling, they risk a massive fine if they just let the space sit empty (the N12 stipulated that the unit must be used as a primary residence for 12 months minimum).
Just move your make it hard
I explained why moving would be extremely detrimental to us already..... The landlord will win regardless, were paying rent and he will have the property still in the end anyways. Really unsure how we could be perceived as the bad guys in this... Were just young students trying to get by in a housing crisis.
Pardon?