Dana’s landlord gave her a letter stating that she needed to move out since he wanted to do renovations and maybe sell the house. Dana has lived there for four years and does not want to leave. What can she do?
Dana does not have to move out of the house if the landlord gave her a letter or verbally told her to leave.
If the landlord wants to demolish the rental unit, do extensive renovations or repairs, or convert it to another use, he must serve Dana an N13 Notice to end her tenancy. These are the only three reasons that an N13 Notice may be served on a tenant.
The landlord must give a tenant at least 120 days’ notice of termination of the tenancy.
If a tenant is served with an N13 Notice, the tenant may end the tenancy on an earlier date by giving the landlord at least 10 days written notice.
The N13 Notice is NOT an eviction Order. To obtain an eviction Order the landlord must file an L2 Application (called an Application to End a Tenancy and Evict a Tenant) with the Landlord and Tenant Board (LTB).
Dana does not have to move out by the termination date listed on the N13 Notice if she wants to attend a hearing on the matter.
If the landlord files an L2 Application, Dana will get a notice of hearing delivered to her from the LTB.
Dana cannot be evicted without a hearing being held, the LTB ordering an eviction, and the landlord enforcing the eviction through the Sheriff.
A sheriff is the only person in Ontario that can enforce an eviction Order.
If the landlord wants to demolish the unit, he must obtain the proper permits from the municipality and show them at the LTB hearing.
If the landlord wants to do extensive renovations or repairs, the work must be so extensive that the landlord is required to get a building permit and the unit must be vacant to do the work. The landlord will have to prove to the tribunal that they have obtained, will obtain, or are not required to obtain the necessary permits during a hearing.
After the repairs are completed, the tenant has the right to re-occupy the unit. The landlord cannot increase the rent when the tenant moves back in unless the landlord brings a special application to the LTB.
The tenant may also be offered another rental unit acceptable to the tenant or compensation for interference with the tenancy.
If the landlord wants to convert the unit to another use, he must in most cases obtain the proper permits from the municipality.
N13 Notices can be very complicated and the amount of compensation owed to the tenant can vary depending on the situation.
Sometimes landlords use N13 Notices to unfairly evict tenants by stating that they intend to do renovations; hence, the term, “renovictions.”
If you need assistance with Landlord and Tenant Board matters, contact CKLC for advice.
Jeff Wilkins, CKLC Licensed Paralegal (www.cklc.ca, 519-351-6771)
