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

Your landlord might want to you so that they or someone they know can move into your place.

If the Residential Tenancies Act applies to you, your landlord can only evict you for this reason if:

  • they are a person, not a corporation, and
  • they, certain of their family members, or a 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.

Your landlord must also offer you another acceptable unit to move to or give you compensation to move out.

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.

Eviction hearing

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 pay you more money if you move.

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've followed all the right steps in their application,
  • they, their family member, or a caregiver honestly plans to move into your place, and
  • they, their family member, or a 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.

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