Canada

Tenants call for proof in personal use evictions

Read time:
23
minutes
Woman holds N12 form

Personal use evictions are on the rise, causing anxiety among tenants and reflecting the financial pressures landlords face in today’s rental market.

According to the Landlord and Tenant Board (LTB), applications for personal use evictions increased by 85% from 3,445 in 2020 to 6,376 in 2023.

Tenant pushback is also increasing. T5 applications, which allow tenants to dispute personal use claims, quadrupled between 2020 and 2023. In 2023, there were 1,335 T5 applications, and 504 were filed in the first four months of 2024 alone.

Many tenants claim that some landlords misuse personal use evictions to re-rent units at higher rates – the LTB issued over twice as many fines for bad faith evictions in 2023 (23) compared to 2022 (11).  

However, small landlords and groups like the Small Ownership Landlords of Ontario (SOLO) point out that many owners genuinely need their properties back due to rising mortgage costs and the inability or lack of desire to pass them onto tenants.

SOLO's vice-chair, Rose Marie, noted that some landlords have even been forced to sell their rentals – which is also grounds for a personal use eviction if the buyer or their immediate family want to move in.

To mitigate the risk of disputes from tenants, landlords are encouraged to present clear evidence of their genuine intent to occupy the unit or to move in a family member or for a buyer to move in. Such evidence might include:

  • A sales contract or closing statement, if selling a current residence
  • A family member’s tenancy termination notice
  • A letter from an employer confirming the need of the person moving in to relocate to a new job location close to the rental property
  • Educational enrollment documents for oneself or one’s children

More eviction headlines

Does Toronto anti-renoviction bylaw punish honest landlords? – PayProp blog

How a woman 'deliberately' failed to pay rent for 5+ years to eight landlords – National Post

Landlords reporting increase in tenants refusing to pay rent or leave – CTV News

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