What can I do if my landlord or someone buying my place wants to move in?

No. Even if your landlord has put the property up for sale, it does not automatically mean that you have to move out. When the property is sold, the buyer becomes your new landlord. “Purchaser” is another name for the person who buys the property.

When someone is honest about their plans and actions, the law says they are acting in “good faith”.

Your landlord can ask you to move out if any of these people plan, in good faith, to move into the place you rent right away:

• A purchaser, in other words, a person who buys your place.
• Certain close members of the purchaser’s family. They include only the purchaser’s spouse, the purchaser’s children or the spouse’s children, the purchaser’s parents or the spouse’s parents.
• A caregiver of the purchaser or of a close member of the purchaser’s family.

If your landlord wants to end your tenancy for this reason, your landlord and the purchaser must have signed a purchase and sale agreement. Your landlord should provide you and the Board with a copy of the signed agreement of purchase and sale at least 7 days before the hearing, unless the Board orders something different.

As of July 21, 2020, your landlord has to pay you at least one month’s rent, or offer you another rental unit that is acceptable to you if your landlord wants to evict you because a purchaser, close family member of the purchaser, or a caregiver of the purchaser or a close member of the purchaser’s family wants to move in.

Your landlord can evict you if any of these people want to live in the place that you rent:

• Your landlord.
• Certain close members of your landlord’s family. They include only the landlord’s spouse, the landlord’s children or the spouse’s children, the landlord’s parents or the spouse’s parents.
• A caregiver, in other words, a person who takes care of your landlord or of a close member of your landlord’s family.

Starting September 1, 2017, your landlord must be an individual, and the place you rent must be owned at least partly by an individual.

Also, as of September 1, 2017, your landlord has to pay you at least one month’s rent, or offer you another rental unit that is acceptable to you if your landlord wants to evict you because the landlord close family member of the landlord, or a caregiver of the landlord or a close member of the landlord’s family wants to move in.

Your landlord must follow certain steps set out in the law to end your tenancy.

What does the landlord have to do to evict me?

If your landlord wants to evict you for the landlord’s or a purchaser’s own use of your place, the first step your landlord must take is to give you a written notice called a Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit – Form N12 .

Form N12 must show your legal name, the complete address of the place you rent, the legal name of your landlord, and indicate who will be moving in. Your landlord can only allow one of the people listed in the Form N12 to move in – no one else. So, for example, your landlord cannot evict you so that the landlord’s cousin can move in.

Form N12 must also tell you the date your landlord wants you to move out. This is called the “termination date”. Your landlord must give you the Form N12 at least 60 days before the termination date. The last day of the 60-day notice must be the last day of your rental period. A “rental period” is the amount of time covered by your rent payment. For example, if you pay rent on the first day of the month, your rental period runs from the first day to the last day of the month.

If you and the landlord signed a rental agreement, also called a lease, for a set period, then the last day of the 60 day notice must be the last day of the lease.

At the end of this tip sheet there is information about where to get legal help.

No. You do not need to move out by the termination date, even if you agree with what the landlord says in the Form N12.

Your landlord can apply to the Board for an “eviction order” before the termination date or up to 30 days after the termination date. However, the Board cannot terminate your tenancy before the termination date in the Form N12.

To apply to the Board, your landlord must complete a form called Application to End a Tenancy and Evict a Tenant or Collect Money – Form L2. After your landlord files it with the Board, the Board will send both you and your landlord a Notice of Hearing with a date for a hearing and a copy of the Form L2. Note that the Board recently started using the Tribunals Ontario Portal (the “Portal”). Your landlord is allowed to file the Form L2 using this Portal. If your landlord has filed the Form L2 on the Portal, you should receive instructions about how to use it. If you have questions, contact the Board.

If you want to leave before the termination date in the Form N12, you can give your landlord at least 10 calendar days’ notice that you will be ending your tenancy and moving out. Weekends and weekdays are included in calendar days. You can do this by filling in a Tenant’s Notice to End the Tenancy – Form N9 and giving it to your landlord (remember to also keep a copy of the From N9 for your records). The last day of your notice does not have to be the last day of your rental period. The Form N9, and all other forms, can be found online at https://tribunalsontario.ca/ltb/forms/.

You should go to the hearing even if you believe that your landlord or the purchaser honestly wants to move into the place you rent.

When your landlord files a copy of the Form L2 with the Board, they are also required to file an Affidavit or a Declaration. An “affidavit” is a written statement made by someone who swears that it is true by signing in front of a witness. In this case, the person who will be moving in must sign the affidavit in front of a witness such as a commissioner of oaths, a lawyer, or a notary. By signing, the person is swearing that they will be living in your place.

For a Landlord’s Own Use case, the affidavit must: (1) certify that the person in good faith requires the rental unit for their personal use; and (2) that they will personally use the unit for a period of at least one year.

For a Purchaser’s Own Use case, the affidavit must certify that the person in good faith requires the rental unit for his or her own personal use. The law is silent on whether the purchaser has to personally use the unit for a period of at least one year.

In both cases, the affidavit must be sworn by the person who personally requires the rental unit.

Under the law, the Board will allow the landlord to file either an affidavit or a declaration. A declaration must be signed by the person who wants to move into the unit. The Declaration does not have to be sworn or affirmed.

Your landlord is not required to give you a copy of the affidavit or declaration, It is a good idea to get a copy of the affidavit or declaration before your hearing as they may contain information which can help you prepare your case. Contact the Board for more information.

There are some other recent changes to the Form L2 that are important. Your landlord has to say whether they have given any other Form N12 in the past two years for this rental unit or any other rental unit. If they have given any other Form N12, they have to state the date the Form N12 was served, the address of the rental unit, the intended occupant and the Board file number.

On your hearing day, you can ask a dispute resolution officer (DRO) at the Board for help to work out an agreement with your landlord. DROs are employed by the Board to help tenants and landlords settle conflicts. They act as go-betweens, helping to come up with a plan that both the landlord and tenant can accept. They have to be fair and not take anybody’s side.

If your landlord is willing, you may be able to get a later move-out date or some money from your landlord to help with your moving expenses.

If you do make an agreement, there will be no hearing. If you do not make an agreement, there will be a hearing that same day.

At the hearing, a Board member will listen to why your landlord wants to evict you and why you think you should not be evicted.

The landlord does not have to prove that you did anything wrong. But, to get an order to end your tenancy and evict you, the landlord must show that, either:

• The landlord needs your place in “good faith” because they, a close family member, or a caregiver will be moving in and living in your place for at least one full year. In this case, the landlord has to specify who will be moving in.
• If the landlord filed an application because a purchaser, a close family member of the purchaser, or a caregiver for a member of the purchaser’s family needs the place, the landlord must have a purchase and sale agreement that has been signed by both the landlord and the purchaser. Demonstrating good faith is a requirement here as well.

If you think your landlord has not acted in good faith, and you believe the landlord may really be trying to evict you for another reason, you can say this at the hearing. For example, your landlord may want to evict you to be able to rent the

place for a much higher rent, or because you have asked the landlord to do repairs and the landlord does not want to.

The Board has the power to deny or delay the eviction, At the hearing, you must be able to explain why you want the Board to deny or delay the eviction. It is very important to organize your thoughts and your evidence before the hearing.

Evidence is what you, your landlord, and your witnesses say at the hearing and any documents, videos, pictures etc., that you or your landlord give to the Board. The Board will not consider your evidence just because you sent it to the Board. You will need to present your evidence at the hearing, for it to be considered. Here are some examples of different kinds of evidence:

• photographs and videos,
• letters, e-mails, or texts,
• invoices and receipts,
• bank statements,
• medical records,
• report from a building inspector, and
• witnesses, for example, family, friends, social worker, police officer, building inspector.

You need to send a copy of your reply evidence to the Board and to your landlord at least 5 days before your hearing. Refer to your Notice of Hearing package for up-to-date information on how to send your reply evidence to the Board and to your landlord.

Usually, the police, building inspectors, and other officials cannot go to a hearing as witnesses unless they are “summonsed”. For information about how to

summons a witness, contact the Board or your local community legal clinic. You will find contact information for the Board and community legal clinics at the end of this tip sheet.

Here are some things you can do to gather evidence for the hearing:

• Keep notes about conversations you have with your landlord, especially if the two of you are not getting along. Write down the date of each conversation and what was said. These notes are sometimes called a log or record. Also keep notes of any conversations you have with the landlord between the time you get the Form N12 and the hearing date, especially if the landlord is pressuring you to move out.
• Keep a record of vacancies in the building that you rent.
• Find out if any other tenants have received Form N12 forms from the landlord.
• Make a list of any witnesses you want to speak at the hearing and think about what you want them to say.
• Talk with your landlord about the landlord’s plans for the place you rent. Find out if the landlord has advertised your place for rent or listed it for sale. Make copies of any advertisements.

At the hearing, you can talk about different reasons why your landlord’s application should be dismissed or your eviction delayed. Here are some examples. Think about whether they apply to your case.

1- Did you get the legal forms from your landlord on time?

The RTA sets out the law your landlord must follow when giving you a Notice to Terminate.

• Does the Form N12 contain all the information required?
• Did your landlord give you the Form N12 at least 60 calendar days before the termination date on the Notice? Weekends and weekdays are included in calendar days.
• Is the termination date the last day of your rental period? If you and the landlord signed a lease, is the last day of the 60 day notice the last day of the lease?
• Is the address of your rental unit complete and correct? If not, this could be a reason for the Board to dismiss the application.
• Does the Form N12 tell you who wants to move into the rental unit? Is the person someone listed in the Form N12?

2- Are there other legal reasons why the landlord’s case should be dismissed?

• Did your landlord pay you at least one month’s rent or offer you another place acceptable to you? (applies to both landlord’s and purchaser’s own use)
• Is your rental unit owned in whole or in part by landlords who are individuals? (applies only to landlord’s own use)
• Does the person moving into your place plan to live there for at least a year? (applies only to landlord’s own use, however there is case law (from purchasers own use cases) which says that temporary occupancy is insufficient)

3- Do you believe your landlord is asking for an eviction in good faith?

If you believe that your landlord is not acting in good faith, explain to the Board why you believe your landlord does not honestly plan to move in or have their family member move into your place after you move out.

For example, if the place you rent is very small and you know your landlord lives in a large house that is not for sale, you can give evidence to the Board about that. If the other rental places in your neighbourhood are very expensive compared to the place you rent, it is possible that your landlord wants to rent it to someone for more money.

Did your landlord file an affidavit or declaration at the same time they filed the Form L2? Is the person who is supposed to be moving in, at the hearing? If that person is at the hearing, you have the right to ask that person questions. If that person is not present, you can ask the Board to postpone the hearing until that person can attend or ask the Board to dismiss the L2 Application because the person who is the subject of the hearing is not present to give evidence and be cross-examined

4 – Have you had problems with your landlord?

If you have had problems with your landlord, you can speak about them at the hearing. Problems can include repair and maintenance issues, illegal entry, bedbugs, illegal lockout, and harassment.

If the Board decides, based on the evidence provided at the hearing, that these problems are serious and ongoing, the Board must refuse eviction.

The Board must also refuse eviction if they find that your landlord is trying to evict you for any of these reasons:

• you have children,
• you complained to a government authority,
• you were trying to claim your rights, or
• you are part of a tenants’ association.

5 – Is there a reason why eviction should be delayed or refused?

The Board can order that your eviction be delayed or even refused. Reasons for delay or refusal can include any of the following:

• you are a single parent,
• you have small children,
• your children attend school in the community,
• you have lived in the rental unit for a long time,
• you have a mental or physical disability,
• you are receiving government benefits and have limited funds,
• your new place will be ready soon,
• you are ill or are booked to have surgery.

Tell the Board if you are having trouble finding a new place to live.

The Board must consider all the facts of the case before granting the eviction. Even if your landlord can show that they honestly want to move into your unit, the Board has the power to deny or delay the eviction.

If you believe the Board made a serious error in making its decision to evict you, you can apply to the Board to review the order. In other words, you can ask the Board to look at your case one more time.

To request a review, complete a Request to Review an Order form and give it to the Board. You must request a review within 30 days from the date of the decision.

It costs $58 to file this request, but you may not have to pay if you qualify for a fee waiver. You get only one chance to ask for a review of the Board’s order so you should get legal advice before completing the form. Keep reading to find out where to get legal help.

Is there anything else I can do to challenge the Board’s decision on my application?

You have the right to appeal to the Divisional Court if you believe there is an error of law in the Board’s decision. You have 30 days from the date of the Board’s decision to do this.

Going to Divisional Court can be very expensive. If you lose, you could be made to pay your landlord’s legal costs. That could be thousands of dollars.

Get legal advice before going to court.

A “remedy” is something you can ask the Board to order the landlord to do or to pay, to make up for your landlord not following the law.

You can apply to the Board and ask for remedies if:

• your landlord gave you a Form N12 to end your tenancy, and
• your landlord did not pay you money the landlord owed you, on or before the termination date on the Form N12.

To apply, you must fill in a form called a Tenant Application for a Rebate of Money the Landlord Owes – Form T1 and give it to the Board. It costs $53 to apply. You may not have to pay the $53 to file your Form T1 if you qualify for a fee waiver. To find out whether you qualify, you must fill out a form called Fee Waiver Request.

Before you begin, read Form T1 and the T1 Instructions carefully. If you are having trouble completing the form, talk to a lawyer or legal worker before giving it to the Board. At the end of this tip sheet, you will find information about getting legal help.

You must apply within 1 year from the date you moved out.

How do I fill in the Form T1?

The T1 Instructions show you how to fill in the Form T1. What follows here is a brief explanation.

It is important to read the Form T1and the T1 Instructions carefully before you begin, and go over your application again when you have finished filling it out. The Board may dismiss or delay your hearing if it finds serious mistakes in your application.

On the Form T1, fill in the following information:

• the address of the place you are applying about,
• your first and last name,
• the address where you want the Board to send your mail,
• your email address
• a phone number where you can be reached,
• the landlord’s full legal name, address, phone number, and email address

If you are not sure who your landlord was, look on your lease agreement, the N12 or the landlord’s application. Another way is to contact the Municipal Property Assessment Corporation Office or visit the Registry Service of your local City Hall or Civic Centre to search for who owns the place you used to rent.

If there is more than one landlord, you can add those names by filling in a Schedule of Parties form.

In the section of the Form T1 that says “Reasons for This Application”, check the box marked Reason 6, and fill in the amount that the landlord agreed to pay you.

Explain what happened and why you believe the landlord owes you money.

Check the box that says you are a tenant and sign and date the form. The Board will not accept your application if it is not signed.

On the page called Request for French-Language Services or Request for Accommodation:

• If you want your hearing to be in French, check the box marked “French-Language Services”.
• If you have special needs, you can use this page to tell the Board what kind of help you need. If your special needs are related to grounds listed in the Ontario Human Rights Code, the Board must make special arrangements to help you use the Board’s services.

On the page called Payment Information Form:

Fill in the box that says how you want to pay the filing fee. Remember, if you get a fee waiver, you will not have to pay. Since the option to pay using a fee waiver is not listed on the Form T1, contact the Board to ask how to properly use the fee waiver.

After you have filled out Form T1, attach the documents you want the Board to consider, and send them to the Board by email, mail our courier to the nearest Board office. You can also drop them off in-person at a ServiceOntario Centre. Before going to a ServiceOntario Centre, contact them to make sure they accept Board forms.

The Board is planning to add the Form T1 to the list of forms that can be filed using the Portal. Check the Board’s website for the most up-to-date information.

A “remedy” is something you can ask the Board to order the landlord to do or to pay, to make up for your landlord not following the law and evicting you in bad faith.

You can apply to the Board for a remedy if you moved out because your landlord gave you a Form N12 or because the Board ordered your eviction based on the Form N12 and:

• you believe your landlord gave you the Form N12 in bad faith, or
• the person who was supposed to move in did not

The Board will presume that the landlord gave you the Form N12 in bad faith, if after you moved out, your landlord:

• advertises your place for rent,
• advertises your place or your building for sale,
• rents your place to someone else,
• demolishes your place or your building,
• takes steps to convert your place or your building to a non-residential use. “Non-residential use” means not used for people to live in.

To apply, you must fill in a form called a Tenant Application – Landlord Gave a Notice of Termination in Bad Faith – Form T5 and give it to the Board. It costs $53 to apply. You may not have to pay the $53 to file your request if you qualify for a fee waiver.

You must file your Form T5 within 1 year from the date you moved out of the rental unit.

How do I fill in the Form T5?

The T5 Instructions show you in detail how to fill in the Form T5. What follows here is a brief explanation.

It is important to read the Form T5 and the T5 Instructions carefully before you begin, and go over your application again when you have finished filling it out. The Board may dismiss or delay your hearing if it finds serious mistakes in your application. So, if you are having trouble completing the form, you should get legal advice before giving it to the Board. At the end of this tip sheet there is information about where to get legal help.

On the Form T5, fill in the following information:

• the address of the place you are applying about,
• your first and last name,
• the address where you want the Board to send your mail,
• a phone number where you can be reached,
• your email address
• the landlord’s full legal name, address, phone number and email address the date you moved out of the place you are applying about.

If you are not sure who your landlord was, one way to find the name and address of the landlord is to look on your lease agreement, on the N12 or on the landlord’s application. Another way is to contact the Municipal Property Assessment Corporation Office or visit the Registry Service of your local City Hall or Civic Centre to search for who owns the place you used to rent.

If there is more than one landlord, you can add those names by filling in a Schedule of Parties form.

In the section of the Form T5 that says “Reasons for Your Application”, check the box that best describes your situation and explain what happened. Form T5 lists several possible remedies but not all of them may apply to your situation. They include:

• Remedy 1 – Rent abatement
  • The Board can order the landlord to pay you back some of the rent you paid during your tenancy. How much you should ask for depends on how much the bad-faith eviction affected you and how long it was before you could find a new place that you could afford.

• Remedy 2 – Pay a fine to the Board
  • The Board can order the landlord to pay a fine if it finds the behaviour of the landlord especially bad. The fine is meant to keep the landlord from behaving in the same way again. The most the Board can order the landlord to pay is $35,000 but this rarely happens.

• Remedy 3 – Compensation for increased rent
  • If you move out and the new place you rent is more expensive than the place you left, the Board can order the landlord to pay you the difference between the rent the landlord charged you and your new rent. The Board can order the landlord to pay this rent difference for up to 1 year. You must be able to show the Board proof of how much your new rent is.
• Remedy 4 – Moving and storage expenses
  • The Board can order the landlord to pay what it cost you to move out or to store your belongings after you moved out.
• Remedy 5 – General Compensation
  • You could ask the Board to order the landlord to pay the equivalent of 12 months of the last rent you were charged for the rental unit. You must tell the Board how much money you want the landlord to pay you..
• Remedy 6 – Other remedies
  • In this section, you can ask for a remedy that is not listed. For example, if your landlord’s bad-faith eviction caused you and your family a lot of emotional stress or inconvenience, you can ask the Board to order the landlord to pay you money. You could also ask the Board to order that you be allowed to move back into the rental unit if it has not already been rented to someone else.

Check the box that says you are a tenant and sign and date the form. The Board will not accept your application if it is not signed.

On page 1 of 6, you can find information about requesting a hearing in French or about requesting accommodation.

• If you have special needs, you can complete the Accommodation Request Form to tell the Board what kind of help you need. If your special needs are related to grounds listed in the Ontario Human Rights Code, the Board must make special arrangements to help you use the Board’s services. For example, if you have a disability that may affect your use of the Board’s services, you can ask the Board for special assistance.

On the page called Payment Information Form:

Fill in the box that says how you want to pay the filing fee. Remember, if you get a fee waiver, you will not have to pay. Since the option to pay using a fee waiver is not listed on the Form T5, contact the Board to ask how to properly use the fee waiver.

After you have filled out Form T5, attach the documents you want the Board to consider, and send them and your Fee Waiver Request (if applicable) to the Board by email, mail our courier to the nearest Board office. You can also drop them off in-person at a ServiceOntario Centre. Before going to a ServiceOntario Centre, contact them to make sure they accept Board forms.

The Board is planning to add the Form T5 to the list of forms that can be filed using the Portal. Check the Board’s website for the most up-to-date information.

What happens after I file my Application?

After your application is accepted, the Board will set a date for a hearing and will send you and your landlord a copy of the Form T5 and Notice of Hearing that tells you the date, time and place of your hearing.

In some cases the Board may ask you to deliver these documents to your landlord instead. The Board will tell you what documents you are responsible for giving to your landlord and when you must give them. Deliver the documents as soon as possible, but no later than the deadline. If you do not follow the instructions, the Board may delay your hearing or dismiss your application.

After you give the papers to your landlord, you must fill in the Certificate of Service and give it to the Board.

Because this is your application, you will be telling your story first at the hearing. This is the time to show the Board your evidence and have your witnesses speak. The landlord or the landlord’s representative will then be allowed to ask you and each of your witnesses’ questions. This is called “cross-examination”. The Board member may also ask questions. After you have finished, the landlord will present their side of the story. You can then cross-examine the landlord and the landlord’s witnesses, and the Board member may ask them questions. When everyone has finished giving their evidence and the Board has no more questions, you and the landlord must tell the Board what you want the Board to do, and why you should get what you have asked for.

The Board may make a decision right away or may take longer to decide. Either way, the Board’s final decision will be written in an order and sent to you and the landlord by mail, or email, or through the Portal.

I think the Board’s order is wrong. What should I do?

If you believe the Board made a serious mistake in the order, you can apply to the Board to review the decision.

To request a review, complete a Request to Review an Order form and give it to the Board. You must request a review within 30 days from the date of the decision. It costs $58 to file this request, but you may not have to pay if you can get a fee waiver. You get only one chance to ask for a review of the Board’s decision, so you should get legal advice before completing the form. Keep reading to find out where to get legal help.

Is there anything else I can do to challenge the Board’s decision on my application?

You have the right to appeal to the Divisional Court if you believe there is an error of law in the Board’s decision. You have 30 days from the date of the Board’s decision to do this.

Going to Divisional Court can be very expensive. If you lose, you could be made to pay your landlord’s legal costs. That could be thousands of dollars.

Get legal advice before going to court.

Tip sheets for tenants

If you believe there is a serious mistake in a Board decision, see the tip sheet called “I think my order from the Landlord and Tenant Board is wrong. What should I do?”

This and other tip sheets for tenants are available online at www.acto.ca

Community legal clinics

Across Ontario, legal clinics give free legal advice to people with low incomes.

Contact your local community legal clinic for help with landlord and tenant matters.

To find the community legal clinic for your area, go to Legal Aid Ontario’s website at www.legalaid.on.ca. Click on “Contact LAO” then on “Community legal clinics”. Or call Legal Aid Ontario:

Toll-free. …………… …. 1-800-668-8258

Toronto area…………… 416-979-1446

Toll-free TTY……………. 1-866-641-8867

TTY, Toronto area. …… 416-598-8867

Other sources of information

You can find information for tenants online at www.yourlegalrights.on.ca and at www.stepstojustice.ca.

In Toronto, you can also call the Tenant Hotline at 416-921-9494 for free information and referrals to your local legal clinic.

The Landlord and Tenant Boards website is www.tribunalsontario.ca. Forms, the Portal, and information about how to contact the Board can be found on their website.

To contact the Board by phone:

Toll free: 1-888-332-3234

Toronto: 416 645-8080

TTY: Call the Bell Relay Service at 1-800-855-0511