Your Rights to Renting Property - Reasons for Eviction - Part 1
Renting for Newcomers
Unlike many countries, Canada has many laws protecting tenants from landlords. The system is in favour of the tenant, however sometimes as a tenant you may not know your rights and landlords and even agents may take advantage of you. Tenants also have many responsibilities and duties, such as paying rent on time, keeping the home in good order and not being a disturbance to the neighbours. In this 3 part article, I will highlight only some of the rights that tenants have, such as “reasons for eviction, Compensation and rules for rent increase.
As a Newcomer, you might not know all your rights and it is important to know that there are rules and laws that govern reasons for ending rental agreement, compensation entitlement and rental increases. It is always recommended to get legal advice, when in a situation that you are uncertain. Here is some information for educational purposes, it does not constitute legal advice.
Reasons for Eviction
If for any reason you are renting a property and the landlord asks you to leave you must be served a form called N12, this is “Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit N12”
Legal reasons a landlord can evict a tenant if they have evidence of non-payment of rent,
- continually paying rent late,
- significantly disturbing others in the building,
- damaging the property,
- committing an illegal act on the property, and
However, if none of the above reasons are evident, the landlord has limited reasons to evict the tenant. It can not simply be because they want a new tenant to get higher rent Or they want to sell and they want the property vacant.
Real Case Example
There was a very nice family with two children that contacted me in the middle of winter and said their landlord has given them 30 days notice to leave the property. I asked if they have been given proper notice forms N12, and what the reason was for the termination of tendency. This is a form by the Landlord Tenant Board which is required by law. They told me they just got a text from the Landlord that money is tight and he needs them to move out. Or they can pay much higher rent to stay. The reason the landlord was evicting the tenants was because the market rate of rent had gone up and they wanted to rent to another tenant at a higher price. The poor family didn’t know that this was illegal! And reached out to me to find them a new home. The Landlord can only evict a tenant with a minimum 60 days notice. He cannot just increase rent at his own desired price and he can evict the tenant for specific reasons, theses reasons are:
- The Landlord or their spouse, child or parent will move in for a year
- They have sold the house and the purchaser or their spouse, child or parent will move in.
There is a form called the N11 - Ontario Agreement to Terminate Tenancy (Form N11) this is used when landlords and tenants mutually agree that tenancy should be terminated, they will use this form to end the lease or rental agreement in question, and the tenant will agree to move out by a stated date on the form.
Author: Sara Rahimian, B.A, M.A, Realtor®