#LandlordIssues #OntarioTenantRights #BadFaithEviction
Hey everyone, I could really use some advice on a tricky situation with my landlord in Ontario, Canada. Here’s the scoop: a few months back, my landlord told me they were planning to sell the unit I was renting. Even though there was no official notice, I decided to move out to make things easier for them.
Fast forward to now, the unit was re-leased at a higher rent after just a couple of months, and I’m feeling a bit blindsided. I’m debating whether this situation could be considered a bad faith eviction, even without the standard N12 notice.
I’ve been thinking about filing a complaint with the Landlord and Tenant Board, but I’d love to hear from anyone who has been in a similar situation or has any advice to offer. Here are a few specific questions I have:
– Has anyone dealt with a similar situation?
– What steps should I take to ensure my case is strong if I file with the LTB?
– Are there specific documents or evidence I should make sure to include?
– Any tips on dealing with the LTB process or potential legal advice resources?
Your insights and experiences would be greatly appreciated! 🏡💬 Thank you all in advance for your help!
I’m sure you will get an answer in 24 to 36 months
I would file, the worst that happens is you get nothing but you could get a significant something.
You don’t have a case. You left voluntarily.
Tough one. LL probably intentionally did it this way to avoid giving you an official eviction notice. Now that you left voluntarily it is harder to prove. Text messages may not be enough for the LTB but print them all out and take a picture of the rental ad and everything. You should still file. The worst is you lose the filing fee. He will probably argue he tried to sell it but couldn’t so ended up renting again.
This may be province-dependent, but the landlord’s intention to sell does not obligate you to move out, does it? Since you had no obligation to move out yet did it anyway I wonder if it would be viewed as voluntary. In which I would imagine you don’t have a case here.
Landlord actions were not in bad faith. They were honest with you. They tried to sell but couldn’t. N12 is for landlord to occupy or family to occupy. Nowhere did you mention that the landlord intended to do this. You were nice and voluntarily moved out. You were both honest with each other. There is no reason to suspect bad faith. If you were to file with LTB, you would lose.
GL
Not bad faith since zero mention of personal use. T5 is not possible.
But could be seen as using misrepresentation to induce you to leave. This would be a T2 application if you wanted to pursue at the LTB. Would be up to discretion of adjudicator if you had a case.
See this LTB T2 case where tenant was successful in an almost identical situation. https://www.canlii.org/en/on/onltb/doc/2020/2020canlii31110/2020canlii31110.html
Landlord attempted same things with me in Guelph. Took upstairs from $1600 to $2,000 and wanted to raise our moldy basement unit that flooded from $1200 to $1800
All because houses on the street were doing similar things…but he never showed in 6 years until he wanted us out.
Dunno why you left. You basically forfeit for no reason. Sorry.
You left voluntarily – there’s nothing you can do now.