It drives me crazy when Landlords do this
It isn’t the first time!
My client and friend called last night. She has just received an email from her landlord advising her that they intend to move into the property for their own use in July.
The first problem! This is not how to notify a tenant that you are ending the tenancy.
Second, no mention of the compensation the landlord MUST give the tenant for ending the tenancy because they are moving into the unit.
The Residential Tenancies Act sets out very specific rules to protect tenants from Rodeo Landlords. This is the Law! It isn’t just guidelines to follow. Without them, it would be the wild wild west in the rental world!
Residential Tenancies Act - Ending tenancy if the Landlord wishes to move into the property
- The Landlord must deliver the notice to end tenancy on a correctly completed N12 Form
- The Landlord must give a minimum of 60 days notice. The termination date must be the last day of the rental period or lease term.
- The landlord or their immediate family must be moving into the property for a minimum of one year. They must indicate on the form who is moving into the unit
- The landlord must compensate the tenant with either an amount equal to one month’s rent or another rental unit. (This is in addition to the last month’s rent)
- The compensation must be paid prior to the termination date on the N12 form
The Landlord CAN NOT
- The landlord can not deliver the notice via email or post the notice to the tenant’s front door
- The landlord can not rent the unit to a new tenant
The Tenant CAN
- Once notice has been received, the tenant may end the tenancy early by giving at least 10 days notice
Tenant Rights in Ontario
There are a lot of resources available for tenants to find out more about the rules to protect them.
Begin your search here: Residential Tenancies Act
Ontario is considered a Tenant Friendly province where the rules are set out to protect the tenant. There aren’t many ways to end a tenancy agreement once a property is rented…so if you feel like something isn’t right…check it out.
What if the landlord is selling the house?
In this case, the landlord still must follow the rules above.
You DO NOT need to move out because the house is being sold.
You may need to move if, once the house has sold, the purchaser wishes to move into the property. If this is the case, then the landlord MUST follow the rules above and provide the tenant notice via an N12 form indicating that the house has been sold (not just listed for sale) and provide the appropriate 60 days notice and compensation.
If you are a tenant looking for a property to rent, it is important to have a completed Tenant Package ready to go before beginning the search.