Real Estate

Take back rental property to live - do we need to pay the tenant 1 month of rent???

  • Last Updated:
  • Mar 17th, 2019 11:40 pm
[OP]
Newbie
Apr 10, 2012
61 posts
13 upvotes
NEPEAN

Take back rental property to live - do we need to pay the tenant 1 month of rent???

Hi all,

If we take back the property to live, according to the tenant act, do we have to pay the tenant 1 month of rent?

The 1 year agreement is over, the tenant is month-to-month now.

If yes, this is news to me!

Thanks!
11 replies
Deal Guru
User avatar
Mar 23, 2008
11502 posts
7791 upvotes
Edmonton
hXcellent wrote: Hi all,

If we take back the property to live, according to the tenant act, do we have to pay the tenant 1 month of rent?

The 1 year agreement is over, the tenant is month-to-month now.

If yes, this is news to me!

Thanks!
Yes. If you become a landlord again, you’d do well to stay better informed on landlord tenant laws.

C
Sr. Member
Feb 19, 2019
848 posts
923 upvotes
Stouffville ON
Effective September 1, 2017, amendments to the Residential Tenancies Act, 2006 (RTA) now require the following:

*Landlords are required to pay the tenant one month’s rent compensation or offer the tenant an acceptable alternate rental unit when terminating a tenancy based on own use;
*The landlord or immediate family member requiring the rental unit must occupy the unit for a minimum twelve months;
*Landlords giving this notice must be an individual who owns the rental unit in whole or in part;
*It is now an offence under the RTA for a landlord to knowingly end a tenancy by giving notice in bad faith. A conviction for this offence can result in a fine of up to $25,000 for an individual.
*It is presumed, unless the contrary is proven on a balance of probabilities, that a landlord gave a notice of termination in bad faith, if within one year:
1.the landlord advertises the rental unit for rent;
2.enters into a tenancy agreement in respect of the rental unit with someone other than the former tenant;
3.advertises the rental unit, or the building that contains the rental unit, for sale;
4.demolishes the rental unit or the building containing the rental unit; or
5.takes any steps to convert the rental unit, or the building containing the rental unit, to use for a purpose other than residential premises.
Full Time and Full Service Realtor
Member
Jun 2, 2017
471 posts
161 upvotes
Do you have to go through LTB to evict for this process if they don't want to leave?
Deal Guru
User avatar
Mar 23, 2008
11502 posts
7791 upvotes
Edmonton
CEOofPopeyes wrote: Do you have to go through LTB to evict for this process if they don't want to leave?
That’s the usual process... But if you file the right forms, all they can really appeal is that you’re evicting them in bad faith. As in, they need to show you’re not taking it back for personal use.

C
Deal Fanatic
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Sep 8, 2007
8726 posts
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Way Out of GTA
Make the cheque out to “Wynne’s last ditch attempt to buy votes fund”
"It is in times of great fear or greed that the most opportunity exists."
[OP]
Newbie
Apr 10, 2012
61 posts
13 upvotes
NEPEAN
Thanks everyone for the information. I can understand if it is 500$ for moving cost but one entire month of rent is too much in my book.
Sr. Member
Jun 19, 2007
714 posts
531 upvotes
Halifax
Unfortunately your book doesn't count for anything....
Deal Addict
Jan 28, 2007
2215 posts
1564 upvotes
SW Ontario
What a landlord, especially one who doesnt pay attention, thinks is fair is irrelavent to what the provincial law states.

I'm sure there would be a lot of LL claiming personal use if it only cost them $500 to get rid of a tenant.
I'd rather be outdoors camping, kayaking, and mountain biking ...

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