Do I Have to Move Out If the Landlord Wants My Apartment?

A Landlord Is Required to Show Good Faith of the Landlord's Intent to Move In or to Move In a Close Family Member.

Notice to Evict for Own Use By Landlord or Family Member Document When a landlord seeks to evict a tenant for the 'own use' of the Landlord, including certain close family members, the landlord must genuinely possess a good faith intent to do so; and to do so for a period of at least one year.  This good faith requirement ensures that a Landlord is precluded from using the 'own use' process under false pretences, such as where a Landlord may prefer to evict a tenant and then re-lease at a higher rent to a fresh tenant.  Of course, reading the mind of the Landlord so to determine whether intentions are pure is an impossibility and therefore where there is a hearing at the Landlord Tenant Board the challenge for the adjudicator is to gauge whether the good faith requirement is genuine.  Per the case of HOL-0238818 (Re)2018 CanLII 111837:

13.   The obligation of the Board in considering applications for Landlord’s own use is to consider the circumstances of each case in relation to the criteria laid out by the leading cases of the Divisional Court:

Beljinac v. Salter2001 CanLII 40231 (ON SCDC), [2001] O.J.  No.  2792 (Div. Ct.), (“Salter”) when referring to Justice Steele’s reasons in Feeney v. Noble (1994), 19, O.R.  (3d) (Div. Ct.), stated that:

…the test of good faith is a genuine intention to occupy the premises and not the reasonableness of the landlord’s proposal.

And in the more recent decision of Fava v. Harrison2014 ONSC 3352 (CanLII) the Divisional Court, in considering this issue in the context of the Act found as follows:

“We accept, as reflected in Salter, supra, that the motives of the landlord in seeking possession of the property are largely irrelevant and that the only issue is whether the landlord has a genuine intent to reside in the property.  However, that does not mean that the Board cannot consider the conduct and the motives of the landlord in order to draw inferences as to whether the landlord desires, in good faith, to occupy the property.”

As such, the reason why the Landlord is seeking to occupy the rental unit is, generally, irrelevant and only the intent to occupy is under consideration; however, as indicated, the 'conduct and motives' of the Landlord may be indicators as to the truth of a stated intent to occupy.

Where certain facts fail to jive or where it is demonstrable that the landlord is untruthful about various things, such dishonourable conduct may be a strong indicator that the stated 'intent to occupy' is similarly disingenuous.

DK Legal Practice provides Landlord Tenant Board services for clients located in Oakville, Streetsville, Port Credit, Halton Hills, Cooksville, among other places!

For more information, fill out the form below to send a direct inquiry to DK Legal Practice.

Provide some context to explain the nature of your inquiry.
ATTENTION: Confidential information regarding your case must not be sent through this website.  This website is not intended as providing legal advice nor intended as a method to establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website form only to arrange an introduction with a DK Legal Practice representative, before taking any steps to discuss the particulars of your legal case.  Legal advice cannot be provided to you via reply email or over the phone.
DK Legal Practice

700 Dorval Drive, Suite 700
Oakville, Ontario,
L6K 3V3

P: (416) 906-6663
E: info@dklegalpractice.ca

Business Hours:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.

Service Area:

Oakville
Etobicoke
Burlington
Port Credit
Waterdown

 

Toronto
Milton
Streetsville
Brampton
and much more

Logo:DK Legal Practice
DK LEGAL PRACTICE

SSL Secured Trust https://dklegalpractice.ca