Real Estate

Tenant Refusing to Move Out

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  • May 17th, 2021 2:13 pm
[OP]
Member
User avatar
Nov 12, 2010
304 posts
69 upvotes
Downtown Toronto

Tenant Refusing to Move Out

Hi Everyone,

Thank you for reading this thread. I am in a special situation, due to expansion of the family, I am asking a tenant to move out of an apartment that I am going to use and have given him 2 months to make the arrange. I believe I am allowed to do it in accordance to the law that when the owner decides to use the property for livelihood, the tenant is given at least 2 months to find another place to live.

I am in this situation that I have sent him the early rent termination of agreement that terminates the rent agreement in mid August. However, the tenant is refusing to sign it. What options do I have, under the law, can I do to enforce the early rent termination?

Thank you!
Software Engineer
8 replies
Deal Addict
User avatar
Jan 2, 2012
4425 posts
2618 upvotes
Toronto
Kalimoor wrote: Hi Everyone,

Thank you for reading this thread. I am in a special situation, due to expansion of the family, I am asking a tenant to move out of an apartment that I am going to use and have given him 2 months to make the arrange. I believe I am allowed to do it in accordance to the law that when the owner decides to use the property for livelihood, the tenant is given at least 2 months to find another place to live.

I am in this situation that I have sent him the early rent termination of agreement that terminates the rent agreement in mid August. However, the tenant is refusing to sign it. What options do I have, under the law, can I do to enforce the early rent termination?

Thank you!
Provide the tenant with an N12. He doesn't need to sign it. https://tribunalsontario.ca/documents/l ... ns/N12.pdf
The N12 requires 60 days notice, and 1 month rent compensation to be payed to tenant before he vacates.

After serving the N12, immediately file an L2 form with the LTB, and pay appropriate fee. https://tribunalsontario.ca/documents/l ... ons/L2.pdf
The L2 form will put you in line for an LTB hearing to enforce the eviction.

If the tenant does not move then you have no choice except to sit back and wait until you get the LTB hearing. Assuming LTB sides with you and enforces the eviction, then you have to arrange for sherrif to forecefully evict the tenant. The tenant can stay in the unit while waiting for all this to happen, which may take many many months of waiting depending how backed up the LTB is. Just pray he continues to pay rent because even if he stops paying, he can still stay there until the eviction can be enforced.

In the meantime you should not do anything to harass or bother the tenant, other than delivering the forms and following the process.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
9963 upvotes
Edmonton
Kalimoor wrote: Hi Everyone,

Thank you for reading this thread. I am in a special situation, due to expansion of the family, I am asking a tenant to move out of an apartment that I am going to use and have given him 2 months to make the arrange. I believe I am allowed to do it in accordance to the law that when the owner decides to use the property for livelihood, the tenant is given at least 2 months to find another place to live.

I am in this situation that I have sent him the early rent termination of agreement that terminates the rent agreement in mid August. However, the tenant is refusing to sign it. What options do I have, under the law, can I do to enforce the early rent termination?

Thank you!
Just to be clear, the tenant is on a month-to-month lease, or will be by the termination date? If so, then as mentioned above, you're giving them NOTICE of the situation, not asking for permission. Get it served properly if you need to, so you can document that it's been done. Also be prepared to cough up the one month's rent compensation prior to then, although I believe you can delay that until the final date.

All the information you need is on the LTB website, with their forms.

C
Member
Feb 19, 2004
244 posts
24 upvotes
burlington on
bought a house back in Aug 2020, was suppose to close in Nov 2020.
Tenant refuse to leave. wanted to wait until school year end... Seller offered 3months free rent, and tenant refused. In front of LTB... hopefully the tenant will vacate at the end of the school year.
Deal Expert
Feb 29, 2008
19369 posts
17840 upvotes
Tarrana & The Ri…
Tenants have more right to the home than the home owner. I don’t even have to ask which province this is in
Deal Addict
Jul 10, 2014
3451 posts
1599 upvotes
Ottawa, ON
rob444 wrote: then you have to arrange for sherrif to forecefully evict the tenant.
I hear this part is near impossible during the pandemic.

Also to OP, I'm pretty sure you can't make the termination date mid-month, it has to be on the first of the month (or whatever coincides with the usual tenancy period).
Sr. Member
Dec 18, 2003
605 posts
136 upvotes
The only way to evict someone is to provoke a fight with the tenant throwing the first punch, have it on video and press criminals charges, and apply for a restrain order on the tenant then go to the LTB to apply for a emgency eviction
Deal Guru
Dec 11, 2008
11264 posts
2271 upvotes
rob444 wrote: Provide the tenant with an N12. He doesn't need to sign it. https://tribunalsontario.ca/documents/l ... ns/N12.pdf
The N12 requires 60 days notice, and 1 month rent compensation to be payed to tenant before he vacates.

After serving the N12, immediately file an L2 form with the LTB, and pay appropriate fee. https://tribunalsontario.ca/documents/l ... ons/L2.pdf
The L2 form will put you in line for an LTB hearing to enforce the eviction.

If the tenant does not move then you have no choice except to sit back and wait until you get the LTB hearing. Assuming LTB sides with you and enforces the eviction, then you have to arrange for sherrif to forecefully evict the tenant. The tenant can stay in the unit while waiting for all this to happen, which may take many many months of waiting depending how backed up the LTB is. Just pray he continues to pay rent because even if he stops paying, he can still stay there until the eviction can be enforced.

In the meantime you should not do anything to harass or bother the tenant, other than delivering the forms and following the process.
I have family member in exact same situation. LTB said backlog is 18 months
Deal Fanatic
User avatar
Dec 27, 2009
7751 posts
5235 upvotes
Victoria, BC
JayLove06 wrote: Tenants have more right to the home than the home owner. I don’t even have to ask which province this is in
It is like that in BC too.

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