3. Prove that the landlord or buyer is not acting in good faith
Question and answer
Can I be evicted because my place is being sold?When someone is honest about their plans, the law says that they're acting “in good faith”.
If you think the buyer, their family member, or their caregiver does not really intend to move into your place, you should explain this to the (LTB).
Prepare for the hearing to show why the should not believe them. Send this evidence to the LTB and your landlord at least 7 days before your hearing.
Here are some examples that might show that your landlord or the buyer is not acting in good faith:
- Your place is small and you know that the buyer lives in a large house that they are not selling.
- The buyer has other empty rental properties.
- The buyer is a family member of your landlord and bought the unit for a much lower price than they would otherwise get for a similar unit in your neighbourhood
- You and your landlord are not getting along and your landlord has threatened to you.
- Other tenants in your building have got Form N12 notices for this reason and moved out. But the buyer never moved in.
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 you because they think it's easier to sell a place that's 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 Facebook Marketplace, Kijiji, VRBO and AirBnB.
If you find an ad about your place, you can use it as evidence for your hearing. This evidence could show that the landlord is not acting in good faith.