Real Estate

Tenant does not want to leave

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  • Aug 12th, 2021 11:47 am
[OP]
Jr. Member
Jul 22, 2013
101 posts
37 upvotes

Tenant does not want to leave

Hi all, I rented out a property to a tenant on a one year lease which is ending in September. The tenant paid rent on time. I do not plan on renewing the lease, and have informed the tenant that I intend to move in. The tenant however does not want to leave. What are my options?
18 replies
Deal Fanatic
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Jan 16, 2011
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The NORTH
Where are you located? Different provinces have different rules.
[OP]
Jr. Member
Jul 22, 2013
101 posts
37 upvotes
kr0zet wrote: Where are you located? Different provinces have different rules.
Ontario
Deal Expert
Feb 29, 2008
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Tarrana & The Ri…
MrProdigy wrote: Ontario
Oh boy. You're going to have to pay them to go away.
Deal Guru
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Mar 23, 2008
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Edmonton
MrProdigy wrote: Hi all, I rented out a property to a tenant on a one year lease which is ending in September. The tenant paid rent on time. I do not plan on renewing the lease, and have informed the tenant that I intend to move in. The tenant however does not want to leave. What are my options?
Hurry up and wait. As in, hurry up and file for eviction now based on the N12 form you gave the tenant. You did give that form to the tenant, right?

Then wait for the eviction hearing (assuming the tenant is still refusing to move out), and give your case for why it's a valid eviction. Be prepared for having to pay the 1 month's rent as compensation.

C
Sr. Member
Dec 3, 2019
507 posts
463 upvotes
Ontario
You have to file to Tenant Landlord Board for an eviction.

The case will come down to your arguments of do you genuinely need the place and was it genuinely a fixed term lease.

Outside of covid a case from start to an eviction date usually takes 2 months. But it means doing all the eviction steps on time and correctly.

However, if your intentions to retake the place are not guanine then you need to make your tenants an offer.
[OP]
Jr. Member
Jul 22, 2013
101 posts
37 upvotes
CNeufeld wrote: Hurry up and wait. As in, hurry up and file for eviction now based on the N12 form you gave the tenant. You did give that form to the tenant, right?

Then wait for the eviction hearing (assuming the tenant is still refusing to move out), and give your case for why it's a valid eviction. Be prepared for having to pay the 1 month's rent as compensation.

C
I didn't give her the N12 because I was assuming that she was going to leave after the lease was up. She agreed to find a place when I told her back in July, but it seems she's changed her mind. Should I still give her the N12?
Sr. Member
Oct 14, 2010
578 posts
608 upvotes
Toronto
MrProdigy wrote: I didn't give her the N12 because I was assuming that she was going to leave after the lease was up. She agreed to find a place when I told her back in July, but it seems she's changed her mind. Should I still give her the N12?
Yes, please.
Send it over tonight.
Deal Addict
Mar 30, 2017
1185 posts
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GVA
MrProdigy wrote: I didn't give her the N12 because I was assuming that she was going to leave after the lease was up. She agreed to find a place when I told her back in July, but it seems she's changed her mind. Should I still give her the N12?
Should have serve her the notice for formality regardless.
profit on 6/23/2021 = 117.61% since 11/10/2020 to be exact😎
Deal Addict
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Jan 2, 2012
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Toronto
MrProdigy wrote: Hi all, I rented out a property to a tenant on a one year lease which is ending in September. The tenant paid rent on time. I do not plan on renewing the lease, and have informed the tenant that I intend to move in. The tenant however does not want to leave. What are my options?
1. Serve tenant an N12 notice. This requires minimum 60 days notice from date the N12 is provided, as well as 1 months rent compensation. https://tribunalsontario.ca/documents/l ... ns/N12.pdf
2. Immediately file an L2 form with the LTB, and pay the fee, to get in line for an eviction hearing. https://tribunalsontario.ca/documents/l ... ons/L2.pdf
3. Wait for your hearing date. Be prepared to wait 5-6 months depending how backlogged the LTB is and how fast they process cases going forward.
4. Pray your tenant continues to pay rent while waiting. If they stop paying rent alltogether, you still have to wait for a hearing to evict them and will probably never recover anything they owe.

Hopefully you are planning to move back into the unit for a minimum of 1 year.
Deal Addict
Mar 2, 2017
3230 posts
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Toronto/Markham
MrProdigy wrote: I didn't give her the N12 because I was assuming that she was going to leave after the lease was up. She agreed to find a place when I told her back in July, but it seems she's changed her mind. Should I still give her the N12?
She changed her mind after she saw what the equivalent place rents for.

She is paying her rent on time correct? What did she say her reason is for not moving out despite you needing to move in? I guess she is going to try and see how long she can extent her cheap rent for (assuming she continues to pay).
RE Broker
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Jul 3, 2011
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Thornhill
rob444 wrote: 1. Serve tenant an N12 notice. This requires minimum 60 days notice from date the N12 is provided, as well as 1 months rent compensation. https://tribunalsontario.ca/documents/l ... ns/N12.pdf
Notice of the termination date must correspond to the last/first day of a rental period. Thus minimum 60 days from the date of the N12 is not correct.
Sr. Member
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Feb 28, 2012
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Vaughan
You need to be savvy in these situations if the tenant does want to leave. Offer to give them $300/month for 6 months toward the new rent that they can take as a lump sum or something along those lines. Offer to connect them with a realtor who can help them find a place. I’ve had better experience working with tenants instead of evicting them. I’m speaking as an investor though, if you need to move into the place because you need somewhere to live then that’s a different situation.

All I can say is that in Ontario if someone is paying rent on time every month that’s the best you can hope for. Personally I wouldn’t rock the boat with an N12 and risk losing out on 6-7 months rent plus any potential damage they might cause. I’d work with them and maintain a good relationship. If they don’t pay rent for months and cause damages, that’s a substantial loss.
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Jan 2, 2012
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licenced wrote: Notice of the termination date must correspond to the last/first day of a rental period. Thus minimum 60 days from the date of the N12 is not correct.
That's why I said "minimum" 60 days. It could be more (up to 90 days) depending on the date it's given and last day of a rental period. The way I described it is exactly the same as the N12 form itself describes it:
The termination date
The termination date the landlord sets out in this notice must be at least 60 days after the landlord gives you this notice.


The main point here is that the N12 must be given for any "notice period" to even begin, since OP was asking if they need to bother giving an N12. The end of a fixed term lease, a rental period, or a verbal agreement from the tenant, do not count as the start of any notice period. Nothing can happen with the LTB until an N12 is given.
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Jul 3, 2011
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rob444 wrote: That's why I said "minimum" 60 days. It could be more (up to 90 days) depending on the date it's given and last day of a rental period. The way I described it is exactly the same as the N12 form itself describes it:
The termination date
The termination date the landlord sets out in this notice must be at least 60 days after the landlord gives you this notice.


The main point here is that the N12 must be given for any "notice period" to even begin, since OP was asking if they need to bother giving an N12. The end of a fixed term lease, a rental period, or a verbal agreement from the tenant, do not count as the start of any notice period. Nothing can happen with the LTB until an N12 is given.
No, your exact words were " minimum 60 days notice from date the N12 notice is provided."

That is incorrect.

If the payment covers to the last day of the month and for example the N12 is delivered on August 11, with 60 days notice, That 60 days to termination per the way you wrote - " minimum 60 days notice from date the N12 notice is provided." is October 11 which would not be enforceable. The correct date for termination would be October 31.

The minimum number of days applies only when notice is given according to the last day covered by the rental payments.

But argue away, it is what you do.
Deal Fanatic
Jul 3, 2011
6517 posts
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Thornhill
rob444 wrote: That's why I said "minimum" 60 days. It could be more (up to 90 days) depending on the date it's given and last day of a rental period. The way I described it is exactly the same as the N12 form itself describes it:
The termination date
The termination date the landlord sets out in this notice must be at least 60 days after the landlord gives you this notice.


The main point here is that the N12 must be given for any "notice period" to even begin, since OP was asking if they need to bother giving an N12. The end of a fixed term lease, a rental period, or a verbal agreement from the tenant, do not count as the start of any notice period. Nothing can happen with the LTB until an N12 is given.
And don't play fast and loose either with what the N12 says by purposefully omitting after the underlined:
The termination date the landlord sets out in this notice must be at least 60 days after
the landlord gives you this notice.
Also, the termination date must be the last day of the rental period. For example, if you
pay rent on the first of each month, the termination date must be the last day of a month.
Deal Fanatic
Mar 21, 2010
6575 posts
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Toronto
MrProdigy wrote: I didn't give her the N12 because I was assuming that she was going to leave after the lease was up. She agreed to find a place when I told her back in July, but it seems she's changed her mind. Should I still give her the N12?
Leases in Ontario don't just expire. If the tenant doesn't sign a new lease (and there's really no good reason they would want to), the lease, when it "expires", actually continues on, on a month-to-month basis with the same terms, indefinitely.

If you want the tenancy to end, you have to end it. Make sure you do this in the proper, formal way and following all the rules. It's very easy to not do it right and for the tenant to therefore be able to just ignore it with no repercussions.

Honestly, at this point, the tenant has done nothing wrong. You haven't asked them to leave yet in the way that the regulations require you to.

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