1. Learn when the purchaser might not have to move in
The purchaser, their family member, or a caregiver does not have to move in right away after you move out. And sometimes, they don't have to move in at all.
Reasonable time to move in
The law says that, after you move out, the purchaser, their family member, or a caregiver must move in “within a reasonable time”. If the person moves in within a reasonable time, the purchaser and your landlord do not owe you any more money for having to move out.
The law does not say exactly what is a “reasonable” amount of time. (LTB) members look at the specific situation to decide if the person moved in reasonably quickly. For example:
- Did the rental unit need repairs?
- Was the person travelling for work?
- Did the person delay moving for a good reason, like illness?
LTB members often find that it's reasonable to wait a few months to move in.
You can still apply to the LTB if you think the person is taking too long to move in. This is true even if they eventually move in.
Material change in circumstances
The law says the purchaser, their family member, or the caregiver must honestly plan to live in the rental unit for at least one year after your landlord evicts you. And your landlord must honestly believe the purchaser plans to move in. When you're evicted for honest reasons, the law calls this acting in “good faith”.
The purchaser might have honestly planned to move in when your landlord evicted you. But something unexpected happened in their life after your landlord evicted you, so that it no longer makes sense for them to move in. The law calls this a “material change in circumstances”.
When there is a material change in circumstances, the purchaser and your landlord will probably not owe you any more money for evicting you.
Here are some reasons that the person might not have to move in:
- The purchaser gets a job offer in a different city.
- The person the caregiver was supposed to help dies.
- The purchaser's child decides to go to school somewhere else.
It's important that these life changes are unexpected. If your landlord or the purchaser knows before you move out that things have changed and the person won't be moving in, they are no longer acting in good faith when your landlord evicts you.
For example, your landlord gives you a to move out because the purchaser needs to live in the unit for a job. But before you move out, the purchaser loses their job and decides not to buy the place. The landlord is probably not acting in good faith if they you. In that situation, you can apply to the LTB.
Wait before you apply to the LTB
It's a good idea to wait a few months after you're evicted to see if the person moves in before you apply to the LTB. Waiting also gives you time to gather and get legal help.
But you only have one year to apply to the LTB after the day you move out. It can help to put a reminder in your calendar of your one-year deadline.
