Ontario landlords are required to follow certain guidelines that restrict evictions and rent increases. However, reports say some landlords in Ontario are using a loophole to evict tenants on the grounds that they or their family members are moving in. While some may think this might seem like a good way to resolve landlord and tenant issues, evicting a tenant on fraudulent grounds can have serious consequences.
The eviction notice for a tenant being removed so the landlord can personally use a property is referred to as an L2 application. Since 2017, 1936 such applications have been filed according to Social Justice Tribunals Ontario. While some are legitimate, others are accused of stretching the truth about a property's future lease to remove a tenant and increase the rent.
One former adjudicator at the Landlord and Tenant Board estimates that about half of these notices are in bad faith. However, he blames a misunderstanding of the law rather than malice on the part of an owner for most of these incidents. Additionally, many condo owners end up trapped in a bind when condo fees increase at a higher rate than rates are allowed to each year.
When landlord and tenant issues emerge, both parties should understand their rights and options. This can often help prevent illegal eviction situations and help tenants to stand up for their rights when an eviction is attempted. If a person is evicted on the grounds of personal use and finds out the property has been re-rented, compensation may be sought from the landlords through the Landlord and Tenant Board. Landlords and tenants seeking legal advice related to Ontario regulations and evictions should speak with an experienced licensed paralegal at Carr Law before filing an L2 application or responding to a corresponding eviction.