Real Estate

Landlord served eviction notice, then changed mind

  • Last Updated:
  • Dec 9th, 2018 1:14 am
Newbie
Aug 17, 2013
23 posts
Mississauga

Landlord served eviction notice, then changed mind

Hi there,

The landlord served me an N13 notice (link to notice) because he was doing renovations. I agreed to move out by the end of the termination date. The N13 form says that the landlord must provide 3 months rent / another unit that I find acceptable.

Fast forward to 3 months later of radio silence and then the landlord sends me an email changing his mind, saying he won't be doing renovations anymore and that I can stay for another year. Unfortunately, I've already moved out a bunch of my stuff and made arrangements to live somewhere else. Does this change of mind allow him to not provide compensation stated in the N13 form?

Thanks for your help!
16 replies
Deal Guru
User avatar
Sep 8, 2007
10978 posts
14474 upvotes
Way Out of GTA
JYJelly wrote: Hi there,

The landlord served me an N13 notice (link to notice) because he was doing renovations. I agreed to move out by the end of the termination date. The N13 form says that the landlord must provide 3 months rent / another unit that I find acceptable.

Fast forward to 3 months later of radio silence and then the landlord sends me an email changing his mind, saying he won't be doing renovations anymore and that I can stay for another year. Unfortunately, I've already moved out a bunch of my stuff and made arrangements to live somewhere else. Does this change of mind allow him to not provide compensation stated in the N13 form?

Thanks for your help!
Does the complex have fewer than 5 rental units? If so, then there is no compensation. You didn’t reference that and considering it is a key factor I’m wondering why you didn’t mention it. Also, what reason did the LL state? Repairs or Reno?

What I do see that is suspect is why is the landlord one minute looking to do Reno’s and then at the last minute deciding not to....when clearly you would have had to find a new place by now. This is what I find very suspicious on the landlords part. It can be pretty easily proven that this was just a sleezy attempt to force you out with NO intent to renovate if there were no permit application. And to be honest if I was the LTB I’d award you moving costs and the different between the rent you were paying and the new likely higher rent you have to pay now.
Last edited by cartfan123 on Dec 28th, 2017 9:36 am, edited 2 times in total.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
JYJelly wrote: Hi there,

The landlord served me an N13 notice (link to notice) because he was doing renovations. I agreed to move out by the end of the termination date. The N13 form says that the landlord must provide 3 months rent / another unit that I find acceptable.

Fast forward to 3 months later of radio silence and then the landlord sends me an email changing his mind, saying he won't be doing renovations anymore and that I can stay for another year. Unfortunately, I've already moved out a bunch of my stuff and made arrangements to live somewhere else. Does this change of mind allow him to not provide compensation stated in the N13 form?

Thanks for your help!
You should talk to your local LTB branch and get some answers from them. I suspect the landlord can't back out of it as easily as they might like.

Keep in mind that the 3 months notice or another unit is only applicable if there's more than 5 units in the complex.

C
Deal Guru
User avatar
Sep 8, 2007
10978 posts
14474 upvotes
Way Out of GTA
CNeufeld wrote: You should talk to your local LTB branch and get some answers from them. I suspect the landlord can't back out of it as easily as they might like.

Keep in mind that the 3 months notice or another unit is only applicable if there's more than 5 units in the complex.

C
See my post. Something seems fishy about the landlords sudden change of mind. And it’s not specifically addressed in the N13. If I was the tenant I’d want to see evidence of a building permit application or to me at least it suggests that the LL was using this to flush the tenant out.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
cartfan123 wrote: See my post. Something seems fishy about the landlords sudden change of mind. And it’s not specifically addressed in the N13. If I was the tenant I’d want to see evidence of a building permit application or to me at least it suggests that the LL was using this to flush the tenant out.
I agree with you. I was typing at the same time :)

My point about the landlord backing out is that it may be the OP's decision now whether they want to get out of their lease with their original landlord, or want to terminate their agreement with the new landlord. The OP will need to discuss with the LTB what their options are. They may be on the hook to honor their lease agreement with the new landlord even if they don't take occupancy; it's not the new landlord's fault that the situation has changed, and the landlord has a signed contract and first month's rent(presumably). It might be better to ditch the flakey old landlord and move on. But the OP has to get a grip on their rights and responsibilities, and the LTB is best equipped to get the details and explain those.

C
Newbie
Aug 17, 2013
23 posts
Mississauga
Thank you very much for the reply guys. Yes, there are 5 are more rental units in the condo building. The reason the landlord served me the official N13 eviction notice is because he wanted to change the purpose of the unit and renovate it (Reason 3 of the notice). However, according to him renovations got delayed. I apologize. I should have been more clear.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
JYJelly wrote: Thank you very much for the reply guys. Yes, there are 5 are more rental units in the condo building. The reason the landlord served me the official N13 eviction notice is because he wanted to change the purpose of the unit and renovate it (Reason 3 of the notice). However, according to him renovations got delayed. I apologize. I should have been more clear.
Ok, so I take it that you now want the landlord's 3 months rent, and to move out to your new place?

C
Newbie
Aug 17, 2013
23 posts
Mississauga
CNeufeld wrote: Ok, so I take it that you now want the landlord's 3 months rent, and to move out to your new place?

C
Yup. Just wondering if the landlord is obligated to provide the compensation.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
JYJelly wrote: Yup. Just wondering if the landlord is obligated to provide the compensation.
Call the LTB, explain the situation, and get your answer. As I said, if you have a signed N13, I suspect the landlord can't just back out of it because they change their mind. Especially this late in the process (your landlord gave you the 120 days notice, and there was 3 months of silence, right?). A reasonable person would have procured a new apartment at this point, as you did.

C
Newbie
Aug 17, 2013
23 posts
Mississauga
CNeufeld wrote: Call the LTB, explain the situation, and get your answer. As I said, if you have a signed N13, I suspect the landlord can't just back out of it because they change their mind. Especially this late in the process (your landlord gave you the 120 days notice, and there was 3 months of silence, right?). A reasonable person would have procured a new apartment at this point, as you did.

C
Yup, radio silence for 3 months. I gave a call to the LTB and they said that he might be obligated to still pay. In the end, they said that i'll have to seek out legal advice.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
JYJelly wrote: Yup, radio silence for 3 months. I gave a call to the LTB and they said that he might be obligated to still pay. In the end, they said that i'll have to seek out legal advice.
In the absence of true legal advice, perhaps you need to make your decision based on NOT getting your 3 months compensation, and take your landlord to the LTB if he doesn't cough it up. That way, if you get your money it's a bonus, but it's not the end of the world if you don't.

Either that, or pay up for a lawyer to draw you up a letter to send to your landlord. Between getting legal advice and drawing up a nasty letter, you're probably looking at ~$500.

C
Deal Guru
User avatar
Sep 8, 2007
10978 posts
14474 upvotes
Way Out of GTA
JYJelly wrote: Yup, radio silence for 3 months. I gave a call to the LTB and they said that he might be obligated to still pay. In the end, they said that i'll have to seek out legal advice.
As I read it, the compensation clause is triggered when the landlord makes the action of GIVING you the N13. And the fact is if you are moving out because the landlord gave you the notice I’m of the opinion you are entitled to the 3 months rent.

Else as I’ve mentioned this could be a change my mind one day before termination date, you can stay...so I don’t have to pay...that’s not reasonable.

I don’t think you need to incur any costs for legal letters etc right now. Just demand payment in writing and if that doesn’t work go straight to the LTB and then to small claims. You shouldn’t need a lawyer as that would eat up any potential award. Just do your research.
Deal Expert
Feb 22, 2011
16521 posts
21871 upvotes
Toronto
I don't think this applies to condominiums does it? It's for a purpose built apartment building. The 5 units wouldn't make sense if it's different owners.

Just using common sense and logic it wouldn't make sense. Whether or not you get compensated depends if there are 4 more units being rented in the building? Why would the owners liability to compensate the renter be contingent on what other owners in the building are doing?
Banned
Dec 18, 2017
49 posts
30 upvotes
JYJelly wrote: Thank you very much for the reply guys. Yes, there are 5 are more rental units in the condo building. The reason the landlord served me the official N13 eviction notice is because he wanted to change the purpose of the unit and renovate it (Reason 3 of the notice). However, according to him renovations got delayed. I apologize. I should have been more clear.
When you say 5 or more rental units in the condo building.. It doesn't count if your landlord is the owner of a single unit in a highrise.
The landlord has to own the whole highrise.
Deal Guru
User avatar
Sep 8, 2007
10978 posts
14474 upvotes
Way Out of GTA
rjg4235 wrote: I don't think this applies to condominiums does it? It's for a purpose built apartment building. The 5 units wouldn't make sense if it's different owners.

Just using common sense and logic it wouldn't make sense. Whether or not you get compensated depends if there are 4 more units being rented in the building? Why would the owners liability to compensate the renter be contingent on what other owners in the building are doing?
Excellent point, it’s not meant to apply to a condo building where say the landlord owns a unit...and other people own other units.
Deal Fanatic
Jul 3, 2011
6517 posts
3798 upvotes
Thornhill
JYJelly wrote: Yes, there are 5 are more rental units in the condo building. The reason the landlord served me the official N13 eviction notice is because he wanted to change the purpose of the unit and renovate it ...
It's a condominium building, he wanted to change it to what purpose?

I suspect he discovered his notice was illegal and so repudiated it.

You can talk to the LTB to see if you can recover any outlays as a result.

Top