Can I be evicted if my landlord wants to move in?

Your landlord might want to you so they, a close family member, or a caregiver can move into your place.

Your landlord can only evict you for their personal use if:

the landlord is a person, not a corporation, and
the landlord, their close family members, or their caregiver wants to move in for at least a year.

Your landlord might also be able to evict you if they sell the property to a buyer who plans to move in.

Your landlord must follow certain steps to evict you.

Eviction notice and compensation

The landlord must first give you a written . The notice should be on a form called Form N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit.

If your landlord gives you a 60-day notice, your landlord must offer you another acceptable unit to move to or give you one month's rent compensation to move out.

If your landlord gives you 120-day notice, there is no rent compensation or offer of another unit.

You do not have to move out just because you get this notice. You can be forced to move only if the (LTB) makes an eviction against you.

But if you do want to move, you can give your landlord as little as 10 days‘ notice. To do this, you must use an LTB form called N9 – Tenant’s Notice to End the Tenancy.

If you do not move out, your landlord must ask the LTB to evict you by filing a Form L2: Application to End a Tenancy and Evict a Tenant.

The LTB should send you a copy of this . You should also get a Notice of Hearing with the date, time, and place of your hearing.

You can try to reach an agreement with your landlord before the hearing. For example, your landlord might agree to let you stay longer.

If you and your landlord cannot agree, your case will go to a hearing at the LTB.

At the hearing, your landlord must show that:

they have followed all the right steps in their application,
they, their close family member, or their caregiver honestly plans to move into your place, and
they, their close family member, or their caregiver intends to live there for at least a year.

You need to prepare for the hearing. Think about the best ways to challenge your landlord's case at the hearing. Read more about this in the following steps.

Get legal advice as soon as possible. The LTB might not give you extra time to look for help.