Tenant is a Mentalcase. Is my friend right considering.. This!?

Neil1

Inspired Forum Member
Registered
Jun 24, 2014
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#1
Hi,



My friend is dealing with a mentalcase. The mentalcase is currently living in the basement of my friend's 4-plex.



Lets just say this mentalcase is currently on the world's most unwanted list.



My friend has this idea to serve him a notice letting the mentalcase know my friend's son is moving in to the unit.

Therefore, dear mentalcase, you gotta leave please.



Is my friend right? What if my friend's son does not move there eventually? or say moves there but only for one week due to 'oops his son changed his mind'.



Then, say my friend finds another tenant to live in the basement.



Now here is my question:



Say the mentalcase finds out about it.. Can he demand to move back in? or - too late a new tenant is already living there (say it is no longer my friend's son) and can not be evicted.

Can my friend get in trouble with a big penalty/fee or something? or most likely nothing will happen to him since he really thought his son was going to move in and stay for a long time?



Thanks,

Neil
 

Neil1

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Jun 24, 2014
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#3
It's in Ontario. Well my fiend's son is the owner's son because my friend is the owner.

Isn't it legit and legal? (Form n12?).

The question is what is the likelihood of my friend getting in trouble if his son decides last minute not to move in or not to stay more than a week?
 

Matt Crowley

Senior Forum Member
Registered
Dec 14, 2013
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Calgary
#4
From Form n12:



"The termination date cannot be earlier than 60 days after the date the landlord gives the tenant this notice. Also, the date must be the last day of the rental period, or, if the tenancy is for a fixed term, the last day of the fixed term."



Source: (3)[/b] The date for termination specified in a notice given under subsection (1) or (2) shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 2006, c. 17, s. 49 (3).[/b]


Source: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm#BK57



From the tenancy act, it looks really unlikely to me that there is legal reason to provide notice to the tenant to move. From the first sentence, it seems like the N12 notice does not apply because it is a 4-plex, and the option to use a N12 is "a landlord of a residential complex that contains no more than three residential units". Additionally, the N12 sounds as though it can only be used at the time of initial first purchase. Obviously, your friend would not be meeting the criteria of operating in good faith.



Case on evicting a tenant on bad faith: CET-13130-11 (Re), 2011 CanLII 50512 (ON LTB)[/b]

SV (the 'Tenant') applied for an order determining that NUMBERED COMPANY/ MAR (the 'Landlord'), gave a notice of termination in bad faith.

This application was heard in Mississauga on July 14, 2011.


The Tenant and the Landlord`s Agent, JM, attended the hearing.


Preliminary matter:


The application was amended at the hearing to reflect the correct Landlord.


Determinations:


1. On March 31, 2010, the Landlord issued a first N12 notice of termination stating that the Landlord had entered into an agreement of purchase and sale and the purchaser requires the rental unit for their own use. When the property did not sell, that N12 notice was withdrawn by the Landlord.


2. On May 1, 2010, the Landlord`s agent, JM, issued a second N12 notice with a termination date of June 30, 2010. That notice claimed that JM and his child required possession of the rental unit for their own use.


3. The Tenant moved out of the rental unit as a result of the second N12 notice.


4. The Landlord`s Agent, JM, gave the Tenant the second N12 notice in bad faith.


5. The Tenant is entitled to the increased rent the Tenant has paid for the period July 1, 2010 to June 1, 2011 ($400.00 per month x 12 months= $4,800.00).

Other cases:



http://www.canlii.org/en/on/onltb/doc/2009/2009canlii74507/2009canlii74507.html?searchUrlHash=AAAAAQADbjEyAAAAAAE



http://www.canlii.org/en/on/onltb/doc/2011/2011canlii27386/2011canlii27386.html?searchUrlHash=AAAAAQADbjEyAAAAAAE



http://www.canlii.org/en/on/onltb/doc/2007/2007canlii75937/2007canlii75937.html?searchUrlHash=AAAAAQAIZm9ybSBOMTIAAAAAAQ



Maybe someone else can shed some more light on this situation. It doesn't sound like very good grounds to me.
 

3canctheayr

Inspired Forum Member
Registered
Nov 28, 2013
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#5
In Ontario, your friend can move his son into that apartment, as long as:



He serves proper notice to the tenant

His son actually moves in

His son stays there for at least a year



If he's just trying to go thru the motions to get rid of a problem tenant, he'll get raped by the LTB.
 

ThomasBeyer

Senior Forum Member
REIN Member
#6
[quote user=Neil1]It's in Ontario. Well my fiend's son is the owner's son because my friend is the owner.
Yes, then you can as long as you provide adequate notice and the son actually moves in.



If the son doesn't move in there may be fines and/or he has to let the tenant back in, provided of course the tenant finds out.



What is the reason for the eviction ? If the person disturbs others repeatedly that is usually enough reason.
 

REQRentals

Inspired Forum Member
Registered
Mar 10, 2014
121
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18
Toronto,
#7
Just for clarity section 49 referred to by Sweetzone above deals with the circumstance where a purchaser buys the property and gives advance notice for possession on closing. He is correct to say it applies only to buildings with 3 or less units. For buildings with more you have to wait until after closing and you become the actual landlord to apply.



The section where the landlord or a family member requires possession is section 48 of the legislation and does not have the same restriction.



Nevertheless the operative part is that the application must be made in good faith. Good faith simply means a genuine intention to occupy the property. The reasonableness of the landlords proposal is not an issue.



Guideline published on the topic.



http://www.ltb.gov.on.ca/en/Law/116345.html



Nevertheless if the tenant is bothering other tenants better to evict on that basis.



If they are not and are paying the rent why is it an issue ?