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My landlord is trying to evict me so that they or their family can move into my place. What should I do?

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My landlord is trying to evict me so that they or their family can move into my place. What should I do?
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CLEO (Community Legal Education Ontario/Éducation juridique communautaire Ontario)

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My landlord is trying to evict me so that they or their family can move into my place. What should I do?
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Reviewed: 
January 4, 2018
Answer

Your landlord might want to evict you so that they, a member of their family, or their caregiver can move into your place. If so, the landlord must first give you a written notice. The notice should be on a form called Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit – Form N12.

Also, your landlord must:

  • offer you another acceptable unit to move to, or
  • pay you at least one month’s rent.

You do not have to move out just because you get this notice. You can be forced to move only if the Landlord and Tenant Board makes an eviction order against you.

But if you do want to move, you can give your landlord as little as 10 days’ notice, instead of the usual 60 days.

To ask the Board to make an eviction order, your landlord must file an Application to End a Tenancy and Evict a Tenant - Form L2. The Board or your landlord should send you a copy of this application and a Notice of Hearing.

There are things you can do before the hearing to try to reach an agreement with your landlord. For example, your landlord might agree to pay you more than one month’s rent, or give you more time to find a new place.

If you don’t move out and you don’t make an agreement with your landlord, your case will go to a hearing at the Board.

At the hearing, your landlord must show:

  • that they have followed all the right steps in their application, and
  • that they honestly plan to move into your place. If the landlord gave you the notice on or after September 1, 2017, they must intend to live there for at least a year.

You need to prepare for the hearing and think about the best ways to challenge your landlord’s case at the hearing.

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