There was a case that happened in a downtown apartment built prior to November 1, 1991. The dispute was arisen from the landlord's giving N12 notice (landlord's own use) to the tenant to get the unit back, but the landlord finally didn't move back into the unit. The landlord's original reason for getting the unit back was that he and his family were expecting a baby, and therefore his mother-in-law would be moving in to help and take care of the baby. Instead of the landlord and his family moving back into the unit, the tenants saw a rental ad for the same rental unit for $2,000 per month (compared to $1,150 of their previous rent per month) on the newspaper after they left the unit few months later.
The landlord's possible motive
The landlord may possibly want to find a shortcut for a dramatic rent increase, since the residential apartments which were built or occupied prior to November 1, 1991 still have to comply with rent control rules. That means an annual increase of rent is regulated by the rent increase guideline set by the Landlord and Tenant Board each year. For example, the guideline for rent increase is 1.6 per cent in 2015. Any rent increase is allowed only after the tenant has already moved into the unit for at least 12 months. A rent increase above guideline has to be submitted and approved by the Board under certain specific conditions.
Of course, the landlord can apply to a rent increase above guideline after renovation, which may also be applicable in this case that the landlord in fact spent $10,000 on renovating the apartment. The question in here is whether a 73.9% increase in rent (a rent increase to $2,000 from $1,150 per month) will be approved by the Board? Is there any legitimate approach to achieve this goal and bypass the current rent control subject to older rental buildings?
Therefore, the landlord selected the method of "landlord's own use", which is the only no-fault eviction method in Ontario.
Let's take a look on how the landlord's own use is defined under S. 48 (1) of the Residential Tenancies Act, 2006:
S48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by,
a) the landlord;
b) the landlord's spouse;
c) a child or parent of the landlord or the landlord's spouse; or
d) a person who provides or will provide care services to the landlord, the landlord's spouse, or a child or parent of the landlord or the landlord's spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.
When the landlord has given N12 notice to the tenant for his personal use, the landlord is required to move into the unit, and cannot put the unit for rental due to higher rent charged for a new tenant. Otherwise, he may commit to a Residential Tenancies Act offence!
Further details can be referred to the following link:
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
Follow on Facebook, Twitter, Google+ and LinkedIn!
Like or/and share this post if you find it useful!