Eviction for Landlord's Own Use/Purchaser's Use

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Under sections 48 and 49 of the Residential Tenancies Act, a landlord may terminate a residential tenancy if the landlord, or a purchaser, in good faith requires possession of the rental unit for the purpose of residential occupation by:

  • the landlord/purchaser;
  • the landlord/purchaser’s spouse;
  • a child or parent of the landlord/purchaser or the landlord/purchaser’s spouse; or
  • a person who provides or will provide care services to the landlord/purchaser, landlord/purchaser’s spouse, or a child or parent of the landlord/purchaser or the landlord/purchaser’s spouse, if the person receiving the care services lives in the same or a related group of buildings.

Section 48 and 49 are no fault grounds upon which a landlord may terminate a tenancy. Where a landlord proposes to terminate a tenancy in order to permit occupation by one of the specified relatives, the landlord must comply with sections 48, 49, 69 and 72 of the Act:

  • Sections 48 and 49 require 60 days’ notice be given at the end of the month, terminating the tenancy at the end of the period or term of the tenancy agreement;
  • If a tenant does not vacate the unit by the notice period, section 69 requires that an application to have the tenancy terminated must be commenced within 30 days of the termination date specified in the notice; and
  • Section 72 requires that the person moving into the unit swear an affidavit that he or she is actually going to occupy the unit.

When terminating a tenancy under the Act it is important to observe the formalities as a failure to do so will void an application. Moreover, the purpose for terminating the tenancy must be for the residential occupancy of one of the specified individuals; the Landlord’s reasons for terminating the tenancy are irrelevant.

Matthew Wilson is an associate lawyer at the Ontario law firm, Lerners LLP. See his professional biography for more information about Matthew and his work in the area of real estate and land development, or email him at mwilson@lerners.ca.

Topics:  Eviction, Landlords, Purchasers, Residential Tenancies Act

Published In: General Business Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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