Can I be evicted if my landlord wants to move in?

3. Prove that your landlord is not acting in good faith

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

If you think your landlord does not really intend to move into your place, you should explain this to the (LTB).

Prepare for your hearing with the LTB to show why the LTB member should not believe your landlord. 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 is not acting in good faith:

  • Your place is small and you know your landlord lives in a large house.
  • The landlord 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 you.
  • Other tenants in your building have gotten N12 notices and moved out but your landlord 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 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 AirBnB, Facebook Marketplace, Kijiji, and VRBO.

If you find an ad for your place, you can use it as evidence for your hearing. This evidence could show that the landlord is not acting in good faith.

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