How does a landlord properly vacate existing tenants? Under what circumstances? What about
when the landlord is selling the property and the new owners want vacant possession?
Under the Residential Tenancies Act, a landlord is allowed to terminate a tenancy “for cause”.
For cause reasons refer to actions taken by the tenant that give landlords the right to end their
agreement. Common examples of this are when the tenant fails to pay rent in full, causes damage
to the property, or engages in illegal activity in the rental property.
A landlord may also vacate existing tenants if an agreement is reached between the parties to
terminate the tenancy before the lease is finished. It is best to get this agreement in writing, and
Form N11 from the Landlord and Tenant Board can be used for this purpose. The tenancy end
date should be specified on the form, and the tenant will have to vacate the rental unit by that
date.
Another way a landlord may vacate existing tenants is through “no-fault” reasons. No-fault
reasons generally refer to the landlord’s use of their property. These include when:
- The landlord wants to carry out major renovations or repairs;
- The landlord wants their rental unit back for their own use or for the use of their
immediate family. Immediate family includes children, spouse, or parents; - The landlord is selling the property and the new owners want vacant possession.
If a landlord is selling the property and new owners wish for vacant possession, it must be
because they wish to use the property for themselves or immediate family. The landlord must
provide the current tenants with 60 days’ notice. The landlord must fill out the appropriate form
from the Landlord and Tenant Board. In the case that the property is being sold, the appropriate
notice would be Form N12, “Notice to End your Tenancy Because the Landlord, Purchaser or a
Family Member Requires the Rental Unit”. If a tenant is served with an N12 notice, they must be
paid one month’s rent in compensation or offered another unit if possible. This requirement must
be completed by the termination date on the notice. Additionally, once a tenant is given the N12
notice, they can choose to terminate their tenancy at an earlier date by giving 10 days written
notice in response. This is the N9 form “Tenants Notice to End the Tenancy”
If a landlord decides to end a tenancy agreement for any of the reasons listed above, they must
give the tenant a notice of termination. After serving the notice, the landlord should apply to the
Board for an eviction order within 30 days of the termination date on the N12 notice given to the
tenant. It should also include a Certificate of Service, which proves that you gave the N12 notice
to your tenant, as well as a declaration from the person who will be making personal use of the
unit. The declaration must show that the person requires the rental unit in good faith.
If a former tenant believes that the notice was given in bad faith, they can file with the Board and
can claim general compensation worth up to 12 months’ rent if conditions for bad faith are
proven.
Sources:
https://tribunalsontario.ca/ltb/
https://www.ontario.ca/laws/statute/06r17#BK83
NOTE: This article has been written for general information purposes only and does NOT constitute legal advice. For further questions and/or legal advice please consult a qualified lawyer.