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 Personal Use Applications by the Owner or Purchaser

There are a series of "no-fault" applications where Landlords can apply to evict tenants even if the tenant has done nothing wrong.  These are applications through which the Landlord regains vacant possession of the rental unit for a use other than as a rental.

The most common is the "Landlord's Personal Use" application.  The test for the adjudicator at the LTB is whether or not the Landlord in good faith served the tenant with an N12 notice of termination and truly intends to live there for at least one year.  In addition, the landlord has to pay the tenant compensation equivilant to one month's rent after they have served the N12 notice to terminate the tenancy..

This type of application can be made for an immediate family member, as well as the Landlord and more recently, a caregiver who has a need to live in the premises for the purpose of giving care to the landlord or a family member.  There are strict service requirements for the notice of termination, and the Tenant is usually entitled to 60 days notice, effective at the end of the rental period or the end of the lease term.  A tenant can ONLY be evicted on these grounds if they are month-to-month.

Tenant's often claim "other factors", in attempting to convince the Board that you don't intend to move in.  There is an abundance of case law to assist in achieving this type of eviction, and we are familiar with it all.  Let us guide you through the Tribunal process and recover your property for your personal use.

If you are selling your house, and have an executed agreement of purchase and sale,  you can also apply on behalf of the purchaser, if he or she or a family member intends to move in and live in the house.  These applications are more complex, and subject to difficulty if the proper steps are not taken.

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