3. Prove that the landlord or buyer is not acting in good faith

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Housing Law - Eviction
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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Can I be evicted because my place is being sold?
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3. Prove that the landlord or buyer is not acting in good faith

When someone is honest about their plans, the law says that they are acting “in good faith”.

If you think the purchaser, their family member, or caregiver do not really intend to move into your place, you should explain this to the Board. Bring evidence to the hearing to show why the Board shouldn’t believe them.

Here are some examples that might show that your landlord or the purchaser is not acting in good faith:

  • Your place is small and you know that the purchaser lives in a large house that is not for sale or has other empty rental properties.
  • Other apartments of the same size in your neighbourhood are much more expensive than yours.
  • Your landlord and you are not getting along, and your landlord has threatened to evict you.
  • Other tenants in your building have got N12 notices for this reason and moved out, but a purchaser never moved in.
  • The purchaser does not plan to live in your rental unit, but plans to do something else with it, like rent it to another tenant.

Find out if your landlord has listed your place to rent or sell

Some landlords try to evict tenants because they can charge a higher rent to a new tenant. Or they might try to evict because they think it’s easier to sell a place that is empty.

Check real estate listings in your area and the local newspaper to see if your landlord has listed your property to rent or sell. Also check online services such as Air BnB, Craigslist, Kijiji, and VRBO.

If you find an ad about your place, print it and bring it to your hearing. This evidence could show that the landlord is not acting in good faith.

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Reviewed: August 12, 2020

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