3. Prove that the landlord or buyer is not acting in good faith
Question & 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's not for sale.
- The buyer has other empty rental properties.
- Other apartments of the same size in your neighbourhood are much more expensive than yours.
- You and your landlord are not getting along and your landlord has threatened to you.
- Other tenants in your building have got N12 notices for this reason and moved out. But the buyer never moved in.
Check if your landlord has previously given N12 or N13 notices
The landlord must list any N12 notices they've given in the last 2 years on the L2 form.
They must also list any Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use – Form N13 that they've given in the last 2 years. The list must include all rental units they gave these notices for, not just your rental unit.
You can use this list as evidence at the hearing if you think it shows that the buyer isn't planning to move in.
And if you know the landlord has left out some notices from this list, you should say so at your hearing. Get evidence before the hearing to show the LTB that there's a missing . For example, you might ask tenants who were evicted to give you a copy of their notice.
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'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.
