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The termination of tenancy by a landlord for personal or family use

The termination of tenancy by a landlord for personal or family use

By:

Posted January 29, 2018

Has your landlord terminated your tenancy agreement because he/she or one their children wants to move into the property?  Or have you evicted a tenant because you or a family member needs a place to live?

This past fall, the Rental Fairness Act, 2017 (RFA) came into force, which amended the Residential Tenancies Act, 2006 (RTA) and one of the biggest changes was regarding the termination of tenancy by a landlord for personal or family use.

By way of background, the RTA permits termination for “landlord’s own use,” as long as it is a bona fide request, made in good faith. Unfortunately, prior to the RFA coming into force, a strategy used by some owners of small rental properties had been to seek termination of tenancy on the grounds that the landlord (or member of a landlord’s family) intended to reside in the rental unit, but the occupancy did not actually happen.  In so doing, this would free the unit from its current rent so that it can be re-rented at a higher market rent. This strategy has also been used to simply get rid of an unwanted tenant.

The new Section 48 RTA amendment states that a minimum of one year’s residential occupancy is required for a landlord (or the member of a landlord’s family) who seeks to terminate a tenancy based on use by the landlord or member of the landlord’s family. Furthermore, the landlord “shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48”.

If at any time between delivering the notice of termination and one year after the tenant vacates the unit, the landlord:

  • advertises the unit for rent;
  • advertises the rental unit or the building it is in for sale;
  • enters into a lease with someone other than the former tenant;
  • demolishes the rental unit or the building it is in; or
  • take any steps to convert the use of the rental building or unit it is in;

the RFA creates an inference that the notice of termination was giving in bad faith, which in turn exposes the landlord to fines of up to $50,000 and a payment of compensation (ie. moving costs, abatements in rent) to the tenant who vacated. Unfortunately, this applies to situations which may be outside the landlord’s or their family member’s control, such as job transfers, spousal separations, unforeseeable life decisions, including death.

It is important to know your rights as a tenant and your obligations as a landlord.  If you require assistance, please don’t hesitate to contact one of our Real Estate team at Mann Lawyers.

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Diana Tebby

Diana Tebby

I advise on all facets of residential and commercial real estate, estate planning (wills and powers of attorney), trusts, and estate administration. I enjoy being hands-on with all my files and work to ensure my clients feel informed and engaged throughout each matter’s successful completion. Called to the Ontario bar in 2014, my current practice focuses on residential and commercial real estate, condominium law, refinancing and secured lending transactions, estate planning, including the preparation and review of wills, powers of attorney, the preparation of special purpose trusts, such as Henson trusts created for individuals receiving benefits under the Ontario Disability Support Program and estate administration. Originally from Barrie, Ontario, I received my undergraduate degree from McMaster University and my joint Canadian-American law degrees from the University of Windsor and the University of Detroit Mercy-School of Law. Prior to joining Mann Lawyers, I articled and practiced in Hamilton, Ontario. While attending... Read More

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