Real Estate

Tenancy End letter from landlord

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  • Aug 28th, 2021 12:43 am
[OP]
Banned
Apr 23, 2018
37 posts
9 upvotes

Tenancy End letter from landlord

Hi, I am landlord and want to evict my tenant and I have agreement with tenant that I will give 2 months notice before evicting. I am planning to move my house. Can tenant refuse to leave the house after notice OR can demand one month rent for leaving the house? I say somewhere in internet that tenant can demand one month rent for leaving. Please advise. Thanks
21 replies
Deal Guru
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Mar 23, 2008
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DavidWatson wrote: Hi, I am landlord and want to evict my tenant and I have agreement with tenant that I will give 2 months notice before evicting. I am planning to move my house. Can tenant refuse to leave the house after notice OR can demand one month rent for leaving the house? I say somewhere in internet that tenant can demand one month rent for leaving. Please advise. Thanks
First off, you need to give a location (province).

If you're talking about Ontario, AFAIK, it hasn't changed that you need to provide one month's rent as compensation (in most cases) if you're taking it over for personal use. They CAN refuse to leave the house until you get a valid eviction notice. They might do that just because they're a jerk (hopefully not), because they need more time to find a place in the current "COVID" marketplace, or because they feel you've given notice in bad faith (as in, they don't think you're actually going to move in, and just want to be able to rent it out for more money).

If you're not in Ontario, freely ignore above comments...

C
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Mar 23, 2008
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CNeufeld wrote: First off, you need to give a location (province).

If you're talking about Ontario, AFAIK, it hasn't changed that you need to provide one month's rent as compensation (in most cases) if you're taking it over for personal use. They CAN refuse to leave the house until you get a valid eviction notice. They might do that just because they're a jerk (hopefully not), because they need more time to find a place in the current "COVID" marketplace, or because they feel you've given notice in bad faith (as in, they don't think you're actually going to move in, and just want to be able to rent it out for more money).

If you're not in Ontario, freely ignore above comments...

C
And if you are in Ontario, use the forms provided by the LTB, and make sure they're filled out properly. If you screw it up, your notice won't be valid, and the 60 days starts over. And the 60 days isn't just your agreement with your tenant, it's the law, as per RTA.

C
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Jan 2, 2012
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DavidWatson wrote: Hi, I am landlord and want to evict my tenant and I have agreement with tenant that I will give 2 months notice before evicting. I am planning to move my house. Can tenant refuse to leave the house after notice OR can demand one month rent for leaving the house? I say somewhere in internet that tenant can demand one month rent for leaving. Please advise. Thanks
For Ontario you would submit this N12 form to tenant, checking "Reason 1" if you are moving into the unit: http://www.sjto.gov.on.ca/documents/ltb ... ns/N12.pdf
This form states:
If the landlord is giving you this notice for Reason 1, then the landlord must:
Pay you an amount equal to one month's rent by the termination date in this notice


So yes you would owe the tenant compensation of 1 months rent.

If you think the tenant will cause problems and challenge the eviction, then you should simultaneously file this L2 form with the LTB to start official eviction process. http://www.sjto.gov.on.ca/documents/ltb ... ons/L2.pdf
[OP]
Banned
Apr 23, 2018
37 posts
9 upvotes
Yes. I am in Ontario and I am Landlord and I have to move in.
So I will have to give one month rent as compensation. Is 2 month notice enough? I also heard that 3 month eviction notice is legal now in Ontario.
Jr. Member
Oct 31, 2014
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Toronto, ON
ontariobrent wrote: Can we even evict tenants right now in Ontario?
I thought evictions were still suspended.
The LTB isn't holding eviction hearings right now, but that's a step removed from where OP is right now. Landlords and tenants can still give notices of termination, and the page I linked provides legal information about those notices (as well as hearings).
Jr. Member
Dec 31, 2015
153 posts
44 upvotes
spires wrote: The LTB isn't holding eviction hearings right now, but that's a step removed from where OP is right now. Landlords and tenants can still give notices of termination, and the page I linked provides legal information about those notices (as well as hearings).
Thanks. I am looking to put a rental for sale but I am nervous with evictions still suspended as the buyer will most likely want it for personal use. I don’t want the closing date to come and the tenants say get lost you can’t evict us right now.
Deal Fanatic
Jul 3, 2011
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Familiarize yourself with Bill 184.

If you follow the rules regarding notice and evictions and include wording to protect yourself within the Agreement of purchase and sale, it won't be a problem.
ontariobrent wrote: Thanks. I am looking to put a rental for sale but I am nervous with evictions still suspended as the buyer will most likely want it for personal use. I don’t want the closing date to come and the tenants say get lost you can’t evict us right now.
Deal Guru
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Mar 23, 2008
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ontariobrent wrote: Thanks. I am looking to put a rental for sale but I am nervous with evictions still suspended as the buyer will most likely want it for personal use. I don’t want the closing date to come and the tenants say get lost you can’t evict us right now.
Hate to say it, but even in “normal” times, tenants can screw you up by refusing to move out. Now even moreso, but it’s always a risk.

C
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May 28, 2005
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If we're at the end of our lease and decide not to renew with the tenant, do we still have to offer 1 month compensation to them to leave?

I'm renting our basement and will be needing it for personal use

Location GTA
...
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Wilmega wrote: If we're at the end of our lease and decide not to renew with the tenant, do we still have to offer 1 month compensation to them to leave?

I'm renting our basement and will be needing it for personal use

Location GTA
Yes you can ONLY evict them when their lease ends. Just as above you will use the N12 form, and you will owe them 1 months rent compensation. Since you are using for personal use, you should not re-rent the basement for at least next 1 year.
Deal Addict
May 28, 2005
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rob444 wrote: Yes you can ONLY evict them when their lease ends. Just as above you will use the N12 form, and you will owe them 1 months rent compensation. Since you are using for personal use, you should not re-rent the basement for at least next 1 year.
Thanks, but damn that sucks.
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Newbie
Dec 24, 2017
75 posts
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Toronto, ON
rob444 wrote: For Ontario you would submit this N12 form to tenant, checking "Reason 1" if you are moving into the unit: http://www.sjto.gov.on.ca/documents/ltb ... ns/N12.pdf
This form states:
If the landlord is giving you this notice for Reason 1, then the landlord must:
Pay you an amount equal to one month's rent by the termination date in this notice


So yes you would owe the tenant compensation of 1 months rent.

If you think the tenant will cause problems and challenge the eviction, then you should simultaneously file this L2 form with the LTB to start official eviction process. http://www.sjto.gov.on.ca/documents/ltb ... ons/L2.pdf
The N12 forms dont state "if you use reason 1", then you have to compensate... It only shows following:

The landlord must:
● Pay you an amount equal to one month's rent by the termination date in this notice, or
● Offer you another rental unit that is acceptable to you.

so does Reason 1 still apply for compensation because I wish to sell my rental property.
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s22hot18 wrote: The N12 forms dont state "if you use reason 1", then you have to compensate... It only shows following:

The landlord must:
● Pay you an amount equal to one month's rent by the termination date in this notice, or
● Offer you another rental unit that is acceptable to you.

so does Reason 1 still apply for compensation because I wish to sell my rental property.
Wanting to sell your rental property in itself is NOT a legal reason to issue an N12 to your tenant. You are expected to show your unit for sale, with the tenant living there.

In order to legally issue them an N12 you need to have a final purchase/sale agreement with a buyer, and that buyer needs to have stated in the agreement that they want the home for them or their families personal use. Only once you have this, can you issue the N12. And yes you would then owe the tenant 1 month rent compensation as well (i believe the N12 rules were amended in the past year or so to make the 1 month compensation apply to purchased units as well). And hope they don't challenge the N12 in LTB since that could cause them to still be in the unit when your closing date arrives.
Newbie
Dec 24, 2017
75 posts
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Toronto, ON
rob444 wrote: Wanting to sell your rental property in itself is NOT a legal reason to issue an N12 to your tenant. You are expected to show your unit for sale, with the tenant living there.

In order to legally issue them an N12 you need to have a final purchase/sale agreement with a buyer, and that buyer needs to have stated in the agreement that they want the home for them or their families personal use. Only once you have this, can you issue the N12. And yes you would then owe the tenant 1 month rent compensation as well (i believe the N12 rules were amended in the past year or so to make the 1 month compensation apply to purchased units as well). And hope they don't challenge the N12 in LTB since that could cause them to still be in the unit when your closing date arrives.
That change sounds absurd how I have to pay compensation for liquidating my property... The gov't clearly favours tenants way more.
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s22hot18 wrote: That change sounds absurd how I have to pay compensation for liquidating my property... The gov't clearly favours tenants way more.
Something to perhaps consider before investing in a rental property…. And don’t look at paying to liquidate your property…. You’d have to pay if you wanted to move you or a family member into the property. You’re paying because you’re displacing someone from their home. They’ve been there probably for years, paying off your mortgage while your property gains value. Just a cost of doing business for the landlord.

And just FYI, I’m neither a landlord or tenant, or even from Ontario. But I’d never sign up to be a landlord there. Because I’d research how tenant friendly that jurisdiction is before putting a bunch of money into an asset.

C
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s22hot18 wrote: That change sounds absurd how I have to pay compensation for liquidating my property... The gov't clearly favours tenants way more.
Well if you find a buyer that also wants the place as an investment property, then they would take over the current tenant, no N12 would be needed and you won't owe any compensation.

As mentioned the N12 and 1 months rent is only owed if you or a new buyer needs the unit for personal use.
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Feb 8, 2014
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rob444 wrote: Well if you find a buyer that also wants the place as an investment property, then they would take over the current tenant, no N12 would be needed and you won't owe any compensation.

As mentioned the N12 and 1 months rent is only owed if you or a new buyer needs the unit for personal use.
If i were a buyer i would be concerned that i didn't vet this tenant and the seller is just trying to hoist a problem tenant onto me.
In fact in Rand McNally they wear hats on their feet and hamburgers eat people

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