COVID-19 Announcement
RE: ESSENTIAL SERVICES

SFG Paralegal Services is an essential service, available for business, while operating in accordance with Order issued by the Premier of Ontario, and is practicing and encouraging social distancing measures for the safe health of all persons. Learn More [61] Essential services include professional and social services that support the legal and justice system;
[65] Professional services including lawyers and paralegals, engineers, accountants, translators.
Order of the Premier of Ontario | March 23 2020 8:00PM

 


My Landlord Wants My Unit. I Don't Want to Go. What Are My Rights?

If Done With a Good Faith Intent to Move In, a Landlord May Seek to Evict a Tenant and Take Over the Rental Unit.

Notice to Evict for Own Use By Landlord or Family Member Document When a landlord seeks to evict a tenant for the 'own use' of the Landlord, including certain close family members, the landlord must genuinely possess a good faith intent to do so; and to do so for a period of at least one year.  This good faith requirement ensures that a Landlord is precluded from using the 'own use' process under false pretences, such as where a Landlord may prefer to evict a tenant and then re-lease at a higher rent to a fresh tenant.  Of course, reading the mind of the Landlord so to determine whether intentions are pure is an impossibility and therefore where there is a hearing at the Landlord Tenant Board the challenge for the adjudicator is to gauge whether the good faith requirement is genuine.  Per the case of HOL-0238818 (Re)2018 CanLII 111837:

13.   The obligation of the Board in considering applications for Landlord’s own use is to consider the circumstances of each case in relation to the criteria laid out by the leading cases of the Divisional Court:

Beljinac v. Salter2001 CanLII 40231 (ON SCDC), [2001] O.J.  No.  2792 (Div. Ct.), (“Salter”) when referring to Justice Steele’s reasons in Feeney v. Noble (1994), 19, O.R.  (3d) (Div. Ct.), stated that:

…the test of good faith is a genuine intention to occupy the premises and not the reasonableness of the landlord’s proposal.

And in the more recent decision of Fava v. Harrison2014 ONSC 3352 (CanLII) the Divisional Court, in considering this issue in the context of the Act found as follows:

“We accept, as reflected in Salter, supra, that the motives of the landlord in seeking possession of the property are largely irrelevant and that the only issue is whether the landlord has a genuine intent to reside in the property.  However, that does not mean that the Board cannot consider the conduct and the motives of the landlord in order to draw inferences as to whether the landlord desires, in good faith, to occupy the property.”

As such, the reason why the Landlord is seeking to occupy the rental unit is, generally, irrelevant and only the intent to occupy is under consideration; however, as indicated, the 'conduct and motives' of the Landlord may be indicators as to the truth of a stated intent to occupy.

Where certain facts fail to jive or where it is demonstrable that the landlord is untruthful about various things, such dishonourable conduct may be a strong indicator that the stated 'intent to occupy' is similarly disingenuous.

SFG Paralegal Services provides Landlord Tenant Board services for clients located in Thornhill, Whitby, Pickering, Richmond Hill, Newmarket, among other places!

For more information, fill out the form below to send a direct inquiry to SFG Paralegal Services.

Provide some context to explain the nature of your inquiry.  Your IP Address is logged as: 3.215.182.81
ATTENTION: Confidential information regarding your case must not be sent through this website.  This website is not intended as providing legal advice nor intended as a method to establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website form only to arrange an introduction with a SFG Paralegal Services representative, before taking any steps to discuss the particulars of your legal case.  Legal advice cannot be provided to you via reply email or over the phone.
SFG Paralegal Services

66 Centre Street, Unit C
Thornhill, Ontario,
L4J 1E9

P: (888) 398-0121
E: sglass@sfglegal.ca

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.

Service Within:

Thornhill
Aurora
Oshawa
Whitby
Ajax


Brampton
Vaughan
Newmarket
Pickering
Toronto


York Region
Durham Region
Markham
North York
and much more


SFG Paralegal Services

SSL Secured Trust https://sfg.legal


Animated Spinner