The Macchiusi Sales Team, Weiss Realty Ltd Brokerage (2022)
On September 1, 2017, the rules changed for all small landlords in Ontario who give notice for the termination of a residential tenancy because they require the unit for their own use, or for the use of an immediate family member, defined as owner’s parent, spouse, child, and spouse’s parent or child.
Landlords continue to be required to give their tenant at least 60 days written notice to the end of the term or rent period using the Landlord and Tenant Board Form N12. Be sure you are using the current form N12 – updated on September 1, 2017, which can be found at http://www.sjto.gov.on.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N12.pdf .
The old forms may be used for 30 days and will no longer be valid after September 30, 2017. Landlords are encouraged to use the new forms to avoid any confusion.
What does end of term mean?If the rent is paid monthly and due on the first of the month, the end of term is the last day of the month. If the tenancy is a fixed term tenancy, such as a one year lease, the termination date on the N12 must coincide with the last day of the lease.
What’s changed?Effective September 1, 2017, amendments to the Residential Tenancies Act, 2006 (RTA) now require the following:
What is bad faith?Bad faith occurs when a landlord gives a tenant a Form N12 notice for own use as a way to end the tenancy because of other issues. This means the landlord or their immediate family members, does not have a genuine intention to move into the unit for the purposes of living there themselves. For example, a tenant may be causing damage in the unit or disturbing other tenants and in order to address the situations, the landlord serves the tenant with a Form N12 because the landlord believes this is the least combative way to ask the tenant to leave. This is a common mistake made by landlords which can lead to serious consequences.
If a landlord is found by the Landlord and Tenant Board to have acted in bad faith, the landlord could be ordered to pay the following:
The recent changes are one of the components of the province’s Fair Housing Plan, a sixteen point action plan intended to make housing more accessible.
Visit the LTB website for updated forms at: http://www.sjto.gov.on.ca/ltb/forms/#landlord-forms
The Macchiusi Sales Team - Weiss Realty Ltd. Real Estate Brokerage (2022)