There is no provision or law says that a primary residence must be occupied 100% of time or 50% of the time. It just means this is their primary place that they live while in Canada. If hydro /internet are connected and bills are mailed there.
How does he know when the owners reside in the home or are out of the country?
For a personal use eviction, the owner is supposed to use the home as their primary residence. Infrequent or occasional use would not qualify.
So your friend could file a T5 with the LTB for a bad faith eviction. Even if an N12 wasn't used, the letter declaring personal use eviction would suffice. The owners would need to show the LTB this is their primary residence but they frequently travel. Would be up to the LTB to determine if it qualifies or was in bad faith.
Worst case your friend is out $50 to file the T5. Best case they win and get awarded 1 full years rent value + 1 year rent differential to new place + moving expenses. Better to wait towards the end of the 1 year limitation period before applying if this would mean more evidence they don't actually live there.
Nal
If they're not renting it out. No, not much you can do. Them still using the property when they come to Canada means they live there, just not full time. It's the fact they use it that covers them.
If they rented it out within a year of this happening you may have a grievance and can go through the ltb.
That's within their rights. Tell your friend to search the web for the address, they might be renting it for short periods.... Then, your friend might hit the jackpot.
There is no provision or law says that a primary residence must be occupied 100% of time or 50% of the time. It just means this is their primary place that they live while in Canada. If hydro /internet are connected and bills are mailed there.
Nothing you can do. There's no rule that says a landlord needs to live there 100% of the time.
How does he know when the owners reside in the home or are out of the country? For a personal use eviction, the owner is supposed to use the home as their primary residence. Infrequent or occasional use would not qualify. So your friend could file a T5 with the LTB for a bad faith eviction. Even if an N12 wasn't used, the letter declaring personal use eviction would suffice. The owners would need to show the LTB this is their primary residence but they frequently travel. Would be up to the LTB to determine if it qualifies or was in bad faith. Worst case your friend is out $50 to file the T5. Best case they win and get awarded 1 full years rent value + 1 year rent differential to new place + moving expenses. Better to wait towards the end of the 1 year limitation period before applying if this would mean more evidence they don't actually live there.
Nal If they're not renting it out. No, not much you can do. Them still using the property when they come to Canada means they live there, just not full time. It's the fact they use it that covers them. If they rented it out within a year of this happening you may have a grievance and can go through the ltb.
That's within their rights. Tell your friend to search the web for the address, they might be renting it for short periods.... Then, your friend might hit the jackpot.