An N12 is a Notice to End Your Tenancy because the landlord, a purchaser, or a family member requires the rental unit. However, what does that mean for a tenant?
An N12 is probably the most challenging eviction notice to contest because tenants
now have the option to file a “Form T5: Landlord Gave a Notice of Termination in Bad
Faith.” However, if you are a tenant and want to exercise your right to a hearing, a few things may help you.
Ensure Everything has been Completed Correctly.
There are rules and procedures a landlord must follow when serving an N12 notice
before submitting an L2 application. Review all the relevant sections of the Residential
Tenancies Act, Rules of the Landlord Tenant Board, and relating Interpretations and
Practice Directives for the N12/L2 and verify that what your landlord has provided you is
correct. This won’t guarantee a dismissal; even if it does, your landlord may have a
chance to refile, but it will give you more time to prepare.
Prepare Your Strategy for Auguring Bad Faith.
The legal test for the N12 is set out in Feeney v. Noble (1994), 19 O.R. (3d) 762 (Div.
Ct.). The Court held that the test of good faith is a genuine intention to occupy the
premises and not the reasonableness of the landlord’s proposal. This principle was
upheld in Salter v. Beljinac, 2001 CanLII 40231 (ON SCDC), where the Court held that
the “good faith” requirement simply means that the landlord sincerely intends to occupy
the rental unit.
The landlord may also have additional motives for selecting a particular rental unit, but this does not affect the good faith of the landlord’s notice. If you believe the notice is being served to you in bad faith, you need to determine why
you believe this and then figure out how to prove it.
For example, if you believe you received an N12 in bad faith because you live in a
basement, one-bedroom unit in a 20-year-old house, while your landlord, his wife, and
four kids live in a large newly built home, prepare to show this to the adjudicator and
question your landlord about why he intends to make such a move. Your goal is to
convince the adjudicator that it is more likely than not that your landlord does not intend
to move in.
However, if your only reason to believe it is being provided in bad faith is that you have
a hunch or the landlord has told you that you are paying below-market, this is likely not enough, as both can be true. Your landlord can reclaim the unit because it is priced
below market as long as he intends to move in.
RESIDENTIAL TENANCIES ACT, 2006, SO 2006, C 17 s 83.
Read Section 83 of the Residential Tenancies Act and prepare submissions accordingly,
especially if any part of Section 83(3) applies to you. Section 83 of the RTA states the
following:
s 83 (1) Upon an application for an order evicting a tenant, the Board may, despite any
other provision of this Act or the tenancy agreement,
(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
(b) order that the enforcement of the eviction order be postponed for a period of time.
2006, c. 17, s. 83 (1).
(2) If a hearing is held, the Board shall not grant the application unless it has reviewed
the circumstances and considered whether or not it should exercise its powers under subsection (1). 2006, c. 17, s. 83 (2).
(3) Without restricting the generality of subsection (1), the Board shall refuse to grant
the application where satisfied that,
(a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of
any material covenant in the tenancy agreement;
(b) the reason for the application being brought is that the tenant has complained to a
governmental authority about the landlord’s violation of a law dealing with health, safety, housing, or maintenance standards;
(c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;
(d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or
(e) the reason for the application being brought is that the rental unit is occupied by
children and the occupation by the children does not constitute overcrowding.
CASELAW! CASELAW! CASELAW!
Whatever submissions or arguments you prepare, research for similar cases before you
decide to move forward. The Canadian Legal Information Institute (CanLII) offers free
public access to over 2.4 million documents across more than 300 case law and legislative databases. It is a great place to look for cases that will be helpful to have cases to support your position. You may also learn that what you plan to raise will not be considered or does not meet a legal test.
Hire a Legal Representative
An experienced paralegal can be valuable because the success of an L2/N12 matter
often hinges on the landlord's credibility, which can be undermined during cross-
examination. While a well-prepared L2/N12 case should succeed, skilled cross-
examination may reveal weaknesses and adverse intentions hidden by the landlord.
Be Prepared to Move
As previously mentioned, L2s in relation to N12s are difficult to dismiss. As long as the
adjudicator believes that your landlord intends to move in for at least a year and
everything has been done procedurally correctly; it will most likely be granted.
Conclusion
The truth will always prevail. If your landlord, a purchaser, or a permitted family member of either intends to move into that unit, a properly submitted application should succeed.
However, if you truly believe your landlord has provided you the notice in bad faith, if
you want to ensure everything has been done procedurally correctly and your rights are
being honored, or if you want to discuss your relationship with your landlord and your
tenancy for possible Section 83 issues, contact us to book a free consultation!
About the Author
Tira Muise
Licensed Paralegal
AJ Murray Legal Services
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