What if a landlord says they or someone else is moving in?

A landlord can evict someone if they or a member of their family wants to move in, or because they have sold the unit to another person. They can evict your client this way using an N12 Notice. Using this type of notice to evict someone has become more common, even where landlords are being dishonest and not planning to move in, sell the unit, or have a family member move in. 

This Notice will detail:

• The reason for the eviction (i.e., someone is moving in or someone has purchased the unit)
• The date the landlord wants them to move out – this date must be at least 60 days from the date of the Notice.

If your client’s landlord wants to evict them for this, your client is entitled to at least one month’s rent or an offer of another acceptable unit.

Cancelling an N12 Notice: There is no way to cancel this type of Notice and their landlord can apply for an eviction hearing using an L2 Application. If your client receives this application, this means that the landlord has taken the next step in the eviction process and has filed an application with the Landlord and Tenant Board to evict your client. The Board or their landlord should send your client a copy of this application as well as a Notice of Hearing.

How You Can Help:

• Step 1: Tell your client that they do not need to move out just because they received this Notice and that an Eviction Order will be required before they are forced to move out. 
• Step 2: If your client wants more information about their rights, including their entitlement to at least one month’s rent or an offer of another acceptable unit, point them to additional resources.
• Step 3: If your client is concerned that their landlord is being dishonest with them about the reason for the eviction, help them gather documents or write down any information that might be relevant (e.g., previous disagreements with the landlord, other tenants in their building have had this experience with the landlord, they have a small unit but they know their landlord lives in a big house or has other empty units, etc.).
• Step 4: If your client has received a Notice of Hearing, refer them to a legal clinic.