1. Check for problems with the notice

The Landlord and Tenant Board (LTB) can dismiss your landlord's case if there are problems with the Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit – Form N12 that your landlord gave you. For example:

• You did not receive the N12 at least 60 days before the termination date on the notice. The termination date is the date your landlord wants you to move out.
• The termination date is not the last day of your rental period. The last day of your rental period is usually the day before your rent is due.
• Your tenancy is for a fixed term, for example, a one-year lease, and the termination date is earlier than the last day of the fixed term.
• The N12 does not tell you who wants to move into the rental unit.

The LTB can also dismiss the case if:

• The person who wants to move into the unit is not:
  • a new buyer,
  • the buyer's spouse, child, or parent, or the spouse's child or parent, or
  • a caregiver for the buyer or for one of the above family members.
• The notice is for a caregiver to move in but the person they'll be taking care of does not live in the same building or group of buildings.
• The building you live in is owned by a co-operative.
• The building has more than 3 residential units and it's not a condominium.
• Your landlord has not paid you at least one month's rent or offered you another unit that's acceptable to you.

You should tell the LTB at the hearing if you think any of the things in these 2 lists are true.

Checklist if you get an N12 for purchaser's own use

CLEO

Find out if you can fight the eviction