In the ever-changing world of renting, it’s important to stay informed about your rights and options. One situation renters might encounter is an own-use eviction notice, which occurs when a landlord needs the rental unit for personal use. While this can seem daunting, understanding the process can help you navigate it smoothly and confidently. We’ll explore what own-use evictions are, why they may happen, and what steps you can take if you receive such a notice.
1) What Is an Own-Use Eviction?
An own-use eviction occurs when a landlord terminates a tenancy because the rental unit will be used for personal use. This could mean the unit will be used by the landlord, the landlord’s spouse, a child or parent of the landlord or their spouse, or for a person providing care services to the landlord or their family.
Additionally, a landlord may also apply for an own-use eviction if they have sold the rental unit and the purchaser, the purchaser’s spouse, a child or parent of the purchaser or their spouse, or a caregiver requires the unit.
2) Why Are Own-Use Evictions on the Rise?
Recent data from the Landlord and Tenant Board (LTB) indicates a sharp rise in applications for own-use evictions in Ontario, with an 85% increase since 2020. During the same period, T5 applications—filed by tenants who wish to dispute the own-use claim after vacating the unit—quadrupled.
This increase in own-use evictions is likely the result of the ongoing housing crisis in Ontario. With a shortage of new rental units being built, more people are finding it necessary to have their families live with them. Additionally, the housing crisis may incentivize some landlords to misuse the own-use eviction process, contributing to the rise in disputes.
3) What Should Renters Do if They Receive an Own-Use Eviction Notice?
If you receive an N12 notice, it means your landlord is requesting the return of your unit for personal use. However, it’s important to understand that this process involves several regulations:
- Notice Period: The landlord must provide you with at least 60 days’ notice, which must align with the end of your rent cycle or lease term.
- Genuine Intent: The landlord must genuinely need the unit for personal use and intend to live in it for at least one year. They cannot simply use this notice to remove you without a valid reason.
- Compensation: You are entitled to compensation equivalent to one month’s rent or must be offered a suitable alternative accommodation by the termination date specified in the notice.
You can access Landlord and Tenant Board (LTB) forms online here.
If you suspect that your landlord may not be acting in good faith, consider the following steps:
- Request Clarification in Writing: Politely ask your landlord for details on how they plan to use the unit. Genuine plans are often supported by documentation, such as moving plans or details about a family member’s residency.
- Examine the N12 Notice Carefully: Ensure the notice is legally compliant. Any errors or missing information could provide grounds for a challenge. The notice must be given at least 60 days before the termination date, which should coincide with the end of your rental period.
- Consider Filing a T5 Application: If you believe the eviction notice was issued in bad faith, you can apply to the LTB using a T5 form. This is applicable if you moved out after receiving a Form N12 (for personal or family use) or a Form N13 (for demolition, repairs, or conversion).
- Seek Legal Advice: Consult a legal professional or your local community legal clinic for guidance. They can help you navigate the complexities of housing law and provide advice on how to proceed.
- Prepare for a Hearing: If the situation escalates, you may need to present your case at an LTB hearing. Gather all relevant evidence, such as communications with your landlord, and document any similar actions taken with other tenants. Negotiating with your landlord could also lead to a more favourable outcome or additional time to relocate.
Receiving an eviction notice can be a stressful experience, but understanding your rights under the N12 notice can help you make informed decisions. Both renters and landlords should be aware of the regulations surrounding own-use evictions to ensure the process is handled fairly and legally. If in doubt, seeking legal advice is always a wise step to protect your rights and your home.