Site Loader
Unit 12, 655 Industrial Rd, Cambridge, ON N3H 5C9

L2 Applications are the applications that are used by Landlords for a variety of reasons, such as enforcing a N12. According to the 2019-2020 Annual Report for Tribunals Ontario, there was 15,732 L2 Applications filed to the Landlord and Tenant Board out of 72,752 applications filed by landlords. In 2018-2019, there was 13,945 L2 Applications out 73,738. For the period of 2017-2018, there was 11,404 L2 Applications out of 72,511. Finally, there was 9,987 L2 Applications out of 73,206 for the period of 2016-2017. From the 2016 to 2020, there was a growth rate of 11.5% when it comes to filing L2 Applications.1

T5 Applications are filed when a Landlord has given a notice in bad faith, such as a landlord serving a tenant with a N12 for in order to evict the Tenant improperly. In the same 2019-2020 Annual Report, there were 408 T5 Applications filed in 2019-2020 out of 8,122 tenant applications, 355 T5 Applications were filed for 2018-2019 out of 8,357, 295 filed in 2017-2018 out of 7,738, and 211 were filed in 2016-2017 out of 8,244.2  There was a growth rate of 18.67% from 2016 to 2020.

Why do these statistics matter? They matter because they set the stage for this article. We’re going to talk about the N12.

A N12 is a form of eviction, which is known as a personal use by the Landlord or a purchaser. The N12 is a notice that is issued by the Landlord that tells the Tenant that the Landlord or a family member plans on living in the Tenant’s unit. Alternatively the Landlord can sell the unit and the Purchaser or their family intends to live in the unit. When that happens, the Landlord must still serve the N12. However as the statistics show, not every Tenant moves out when they are served a N12, they decide to exercise their right to contest the N12. Landlords can use the N12 to circumvent the proper method in evicting a tenant hence why T5 applicati0ns being filed.

If you are the Tenant, what do you do when you are served the N12? You can either move out or you can contest the notice. To contest the N12, all you have to do is stay in the unit past the termination date that is on the N12.

Why would you want to contest the N12? Maybe your Landlord didn’t pay compensation as outlined in the Residential Tenancies Act at section 48.1.3 Maybe the N12 was incorrectly completed.4 Or maybe the Landlord is using the N12 to illegally evict you.5 Or maybe someone bought the property from the Landlord and you want to test the evidence and protect your rights.6 As a tenant, there are many reasons to contest a N12.

If you are a Tenant, who has been served a N12. This is what you need to look for to determine if there are any deficiencies in the N12:

  • Are the correct number of Tenants named?
  • Is Landlord’s name correct?
  • Correct address for the rental unit?
  • Is the termination date correct?
  • Is the remainder of the N12 filled out correctly?

As outlined above, there are several factors that go into what makes a N12 deficient. Ultimately, the best way to be 100% sure that the N12 has any deficiencies is to have a conversation with us at Riverview Legal.

Your Landlord served you with a N12. You moved out on the basis of that N12. That N12 was a lie.

You file a T5 Application and ask for compensation from your previous Landlord about their bad faith use of the N12.7 Currently, you can be awarded:

  • If there was an increase in the rent, the Landlord can pay the increase for one year;
  • Reasonable out-of-pocket expenses such as moving and storage;
  • An abatement of rent;
  • A fine to the Landlord and Tenant Board;
  • Any other order that the Landlord and Tenant Board deems appropriate.

The rules of compensation change September 1, 2021. The new orders that the Landlord and Tenant Board can make:

  • Landlord has to pay a sum all or any portion of any increased rent for one year;
  • Landlord pay a sum as general compensation in an amount not exceeding the equivalent of 12 months of the last rent charge. This can be awarded regardless;
  • Reasonable out-of-pocket expenses such as moving and storage;
  • An abatement of rent;
  • A fine to the Landlord and Tenant Board;
  • Any other order that the Landlord and Tenant Board deems appropriate.

As you can see with the new compensation, the law does not take kindly to landlords using the N12 to evict tenants with bad faith. Ultimately, it never hurts to have a conversation with us about contesting a N12 or holding your previous landlord to account.

Footnotes

  1. Tribunals Ontario 2019-2020 Annual Report, https://tribunalsontario.ca/documents/TO/Tribunals_Ontario_2019-2020_Annual_Report_EN.pdf, page 51, retrieved June 21, 2021
  2. Tribunals Ontario 2019-2020 Annual Report, https://tribunalsontario.ca/documents/TO/Tribunals_Ontario_2019-2020_Annual_Report_EN.pdf, page 51, retrieved June 21, 2021
  3. Residential Tenancies Act, https://www.ontario.ca/laws/statute/06r17, section 48.1, retrieved June 21, 2021
  4. Defective Notice (LTB), https://caselaw.ninja/index.php/Category:Defective_Notice_(LTB), retrieved June 21, 2021
  5. Bad Faith – Re: N12 (LTB), https://caselaw.ninja/index.php/Bad_Faith_-_Re:_N12_(LTB), retrieved June 21, 2021
  6. Purchasers Own Use – Re: Family (N12), https://caselaw.ninja/index.php/Purchasers_Own_Use_-_Re:_Family_(N12), retrieved June 21, 2021
  7. Residential Tenancies Act, https://www.ontario.ca/laws/statute/06r17, section 57(3), retrieved June 21, 2021

Leave a Reply

Your email address will not be published. Required fields are marked *

The Dreaded N12, What to do when your landlord wants to move in.

Date: Thursday, June 17, 2021, @ 7:00 PM via Zoom

Overview

The focus of this public talk is to provide the necessary information needed for Tenants who have received a N12 from their Landlord. We will be covering several different aspects of the N12.

Learning Objectives

Upon completing this public lecture participants should be better equipped to:

  • Understand what a N12 is
  • Understand your rights as a Tenant when it comes to a N12
  • Understand the process for a N12

Modules

  • Summary of a N12
  • What happens after a N12 has been served
  • What bad faith means when it comes to the N12
  • How to spot a defective N12
  • N12 not in the correct form
  • N11/N9 vs N12
  • Types of compensation if the Landlord has been found in bad faith

 

Registration: https://zoom.us/meeting/register/tJwrf-6tqz4jGN2aNAC1c1Z19US_iZYzyrJl