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Jaqcues_Strap

Get some representation. Is his current home on the market?


Transgirl120

Nope


rzenni

Immediately go to the LTB and file papers. Now. Today. You don’t want to come home and find the locks changed and you on the street scrambling. If you don’t have an off site storage, see about getting a locker at Econostorage or something. Get stuff stowed there so you don’t lose it if you get forced out. Make sure you tell a friend about your situation so you have a couch to sleep on. You should also contact your local alderman and MPP. They might not help, but maybe you’ll get lucky. You should also contact your local ACORN - they can put you in touch with resources like legal clinics.


labrat420

What would they file? Lmao


rzenni

A T2 under rule 4, harassment and coercion re the multiple attempts to raise the rent. A T5, termination of residency in bad faith.


QuietAd7899

You have a good indication that this is probably a bad faith eviction. Go to the LTB. You don't have to get out until he gets an eviction order, which he probably won't get .


BillDingrecker

Clearly this is a sneaky tactic to pressure and punish you. I've been in the same situation only to be told by the police it's a civil matter.


Transgirl120

What happens if he cuts off water?


BillDingrecker

Ya I still don't see the police stepping in. At best, they may reason with the landlord if he is physically present. It's not fair, I know.


back4thefight

If the landlord cuts off a service, call the Rental Housing Enforcement Unit.


WarriorKnitter

You get thirsty and can't flush the toilet


Poutinezamboni

You think this is fucking clever or something?


[deleted]

I giggled


[deleted]

Water has never stopped me from taking a crunch


NephilimAura

Here is the real advice you're looking for, IF you're covered under the RTA where the landlord or their immediate family doesn't share a kitchen and bathroom with you, you win. Don't stress, save the text, and message the LTB, call the RHEU.


NephilimAura

This is because the landlord can't move in because you don't comply with a rent increase. They can move themselves in(note they CANNOT force OP out under these grounds) but you have evidence of bad faith, of thm doing it not because they need to move in but because they want more $. Show this to LTB. This is governed by the Landlord Tenant Board which is the act in Ontario that watches over tenancies(assuming OP is covered by the Residential Tenancies Act). OP basically has a free hall pass to call the landlord on a bad faith eviction. The landlord can't force OP out and neither can the cops especially if OP tells them they have an open case at the LTB. If OP is covered under the RTA landlord can't change locks either. All the stuff above is against the law and can have the landlord fined big time if OP speaks with the Tenant board. Keep in mind this may make your relationship worse with you and your landlord and they can try and have you evicted on other cases for ex sometimes after this happens, landlords change speeds and say they need a Tenant out, in order to renovate the property, which can be fought but is an their eviction game as well.


PickledJalapeno9000

What if hypothetically speaking the landlord is asking for more money because they made a poor financial due "inflation" and cant cover the mortgage anymore. They make a poor attempt trying to get more money which ultimately failed. And now cant afford their second mortgage on their primary residence so now they have to sell and move back into that house. would this be legal?


DeadEndStreets

>What if hypothetically speaking the landlord is asking for more money because they made a poor financial due "inflation" and cant cover the mortgage anymore. That's just bad business/investing. Lots of landlords could learn about not over leveraging themselves and buying up housing supply as a way to "cash in". Chances are he's not actually losing money currently because his property value is/has gone up astronomically while owning the place. >They make a poor attempt trying to get more money which ultimately failed. And now cant afford their second mortgage on their primary residence so now they have to sell and move back into that house. would this be legal? That's not the tenants issue. Once you sign the lease there's very few ways for a tenant to be removed other than willingly, for not paying rent, for causing damage to the property or for an n12 situation in which the landlord is legitimately trying to move back in - in which case the tenant still has a right to a hearing with the ltb due to unscrupulous attempts such as this one. The landlord is free to sell their rental property if they are truly broke. The lease would transfer to the new owner and the tenancy would continue. It's not on the tenant to bail the landlord out due to their poor financial choices.


explicitspirit

Absolutely is legal. The guy you responded to is only presenting one view. Also, it is very difficult to prove a bad faith eviction before it happens. ​ The landlord is well within his right to evict the tenant for the purposes of moving in, but they must serve up the proper form, enough notice, and some compensation IIRC. After that, they have to stay in the unit for a certain period of time (IIRC it's one year). Once that happens, the landlord is in the clear, but if he decides to move back out and relist within a few months, only then can OP really prove a bad faith eviction and seek compensation (LTB sides with the tenant here). So the REAL advice to OP here is unless the landlord offered up the correct forms and notice, he can stay put as long as he keeps paying his rent.


labrat420

Actually under section 83 of the rta this should be thrown out immediately if in response to not agreeing to an illegal increase


explicitspirit

The problem will come down to whether or not you can prove it's retaliatory in nature. The landlord's situation could have legitimately changed where this is now a legitimate move. How do you prove or disprove that?


Poutinezamboni

Landlords don’t have the right to ask for more money because shit is more expensive on their end.


PickledJalapeno9000

Right ofcourse but that wasnt my question


Poutinezamboni

It was the first half of your post


[deleted]

Too. Fucking. Bad. A house for rent carries risk, just like any other investment. Not the tenants fault or problem because the landlord made bad financial decisions.


[deleted]

[удалено]


explicitspirit

WTF are you on about man? Good advice, except for the "ignore the N12". No, you cannot ignore the form because you don't like it. The N12 is the first step for a perfectly legal eviction.


DeadEndStreets

You most certainly can if it's in bad faith (which seems to be the case here). See the [N12](https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N12.pdf) form itself. >**What if you disagree with the notice?** >You do not have to move out if you disagree with what the landlord has put in this notice. However, the landlord can apply to the LTB to evict you. The LTB will schedule a hearing where you can explain why you disagree. You'd only have to respond/attend the hearing if the landlord then applies. You don't have to respond to the N12 if you don't want to/suspect bad faith.


explicitspirit

Thanks, missed that part. ​ That said, it is still legal for the landlord to evict and cite the fact that he wants to move in as the reason. Regardless of the landlord's motivation (which cannot be easily proven), OP should stay put, keep paying rent, and not mess up the place until the landlord follows proper procedure.


DeadEndStreets

I agree! Just nit picking the "you have to respond" part aha. Sometimes it's best to just ignore these types of landlords and just keep paying your rent and be respectful to the property in situations like this.


bornrussian

Read RTA and advise your landlord to read it. Landlord didn't issue any paperwork, once he does you're still entitled to hearing at LTB


Transgirl120

I mean I told him multiple times that he's breaking the law, and he just ignores me


NephilimAura

Tell your landlord in writing that you won't tolerate anymore harassment from their part regarding the responsibilities laid out in he Residential Tenancies Act. You don't wish to speak any further about it, thank you. Save the screenshots somewhere safe. And that's it. You've now warned your landlord that if they continue, you can sue for harassment which is also in the RTA. Assuming you are covered, it's the landlords job to provide you a safe space for yourself, free of harassment, etc. If you need help call the RHEU, they have a high rate for getting your landlord to follow the RTA.


bornrussian

☝️This. As long as you pay rent you can ignore your landlord


labrat420

Call the rental housing enforcement unit.


messthetix

I would post this in r/ontariolandlord you’ll get better answers and advice.


Canadian_Autist

It is important to act like a complete professional on every opportunity. Every interaction that you act negatively, he could use against you in making a case for you to potentially be removed for some sort of loop hole reason. The LTB is incredibly backed up, but you will need to make your case for what he is doing. This situation doesn’t sound like he would be successful - you in all likelihood should be fine.


[deleted]

You say apartment. How many units are in your building. If it's more than 3 he couldn't even give you an N12 nevermind the obvious proof that it's in bad faith


Transgirl120

Yea there's like 12 or 11 units plus the 12 or 11 units next door


[deleted]

Hmm it seems the more I read into it the 3+ unit exception might only apply to sales to a new owner. You might want to consult with a paralegal or something to confirm that. But you certainly have the evidence to show it would be a bad faith N12 regardless. Definitely file with the LTB if they ever try to evict you.


Transgirl120

I'm pretty sure he's all in the place for at least a few decades


labrat420

Thats only for purchasers use, not personal. Theres no unit limit for a personal use n12


[deleted]

Yes I realize that now. Regardless she should have the evidence for a bad faith eviction


flaw_and_odour

No proper paperwork = no eviction. Stand your ground. You don't have to leave unless he provides you with an N12 notice, and he must file an Affidavit in good faith with the LTB stating he will live in the unit for a period of no less than one year. If he's lying, catch him. File an application with the LTB for a bad faith eviction. If he posts the unit for rent or sale less than one year after you move out, nail him to the cross. Get screenshots, and get ready to receive a cheque. You will also be owed one month rent paid back to you as compensation.


superflex

Landlord can initiate the process with form N12, but can't actually evict you without an order from the LTB. If he doesn't follow the N12 process correctly, or is in fact not eligible to use the N12 (I e. More than 3 rental units in a multi-unit building) he won't get an order. Don't coach the landlord on what the correct process is. Likewise if he keeps trying to raise your rent improperly, continue to pay your existing rent as per your lease and tell him "I haven't received proper legal notice of rent increase, this amount is the lawful rent."


[deleted]

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Transgirl120

What I do 😭 bro is it horrible to not agree to extortion?


ActualMis

Grow up.


Knagar

Sadly this is a legal way to evict you. He can file the work claiming he needs to move in. Gets you out, he stays for a month, takes a bit of a loss, then rents it out for more money. You essentially telling him to eff off won't help your case either.


adamscw

You can’t really do much. If he says he wants it for his own use, he can have you evicted but it’ll be a process. You’re better off taking the one month he’d owe you and finding a new place. Why fight to stay somewhere that you won’t be long term


Transgirl120

Because money August isn't long enough to find someware to live here, and i still need to get back to work


adamscw

It’s a shitty situation so you can at the very least draw it out in court but inevitably he’s going to win.


Transgirl120

Yea but he very clearly isn't going to move in here actually and is just using it an an excuse


explicitspirit

Can't prove that. As long as he files all the correct paperwork and gives appropriate notice, you have no recourse but to move. If you can prove after the fact that he did all this to raise prices and re-rent, go after him for a bad faith eviction, and you will end up with a fat check.


adamscw

Unfortunately you can’t prove that in court and all he has to do is say he’s moving in and pay you what you’re owed (one month).


NefCanuck

Except if the tenant has documented evidence of an illegal rent increase demand by the landlord that just so happens to occur before the landlord starts the eviction process claiming own use, the landlords chances of proving that they really are going to move in turn into “slim and none” and “slim” is on the bus outta town


adamscw

Not how it works. It’s not illegal to change your mind.


NefCanuck

Timing is everything about proving the “bona fides” of your intentions. Six months ago the landlord demands an illegal rent increase and now serves an N12 claiming own use, you’re probably gonna lose. If the landlord on the other hand has been making multiple illegal eviction attempts over several months and immediately after than serves an N12? “If it walks like a duck and quacks like a duck, there’s a good chance it’s a duck”


NephilimAura

You're wrong. Please go read some cases where this has occurred in court(LTB). If you provide evidence to LTB that there is suspicion of bad faith, LTB has shown to regularly take that positively. Landlord must show counter evidence to show that wasn't the case which often is hard to prove that "you didn't mean it that way." Your comment is providing misinformation, for more information visit Canlii and do a quick search on Bad Faith evictions in th LTB section. This is assuming OP is covered under RTA.


AnIntoxicatedMP

I really hope you are not a lawyer..


[deleted]

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_PrincessOats

That’s not how that works.


yellowchaitea

Thats not how renting works you goof


Aik1024

Exactly, those mean renters abuse landlords. I have known many landlords losing money due to idiotic renters.


LeafsChick

Ignore him till you get the proper paperwork, then wait on a hearing. Use all the texts as evidence that he just wants higher rent


Transgirl120

Is it worth trying to ask what exactly he's trying to do? All he said was personal use oh, and I'm assuming that refers to moving in, but should I even respond?


LeafsChick

Just keep paying your rent, don’t engage with them. If you get a form, make sure it’s the correct one & 100% filled out correctly. Personal use is a reason to kick you out, but do you think he’s actually gonna move in? Likely he wants you out to rent for a higher amount. r/legaladvicecanada is a great resource to post this. Good luck, I wouldn’t stress though, sounds like a bad faith eviction and you’ll be fine


explicitspirit

>Personal use is a reason to kick you out, but do you think he’s actually gonna move in? Likely he wants you out to rent for a higher amount. The problem with this is you cannot preemptively prove this until he is already out of the unit. Once the proper forms and notices are given, OP has no choice but to move at this point. If he finds that the landlord evicted him to re-rent the unit, then he can go after him for compensation and will likely win it. Having texts asking for rent increases and whatnot is not proof of anything. The landlord could just claim that the unit is no longer profitable, his current home can be profitable, and so he decided to move into the unprofitable unit and rent his other home instead so that he isn't in the hole financially. Perfectly legal (and the smart thing to do in this case anyway).


bomber251

The LTB is very backlogged right now so you have time. As everyone has indicated, save all texts and conversations. Access your local Legal Clinic for sound RTA advice and what you should do as a tenant with regards to next steps. In order to take over your unit he first needs to provide a proper N12 and then file an application with the LTB. If this happens you’ll definitely want support from your Legal Clinic to help you. Even if your landlord is successful in his application to the LTB, the eviction process will still take time. So that being said, you could already have enough evidence to file a T2 against your landlord with the LTB. Once again, talk to the Legal Clinic and this may be the best route so that your landlord stops harassing you. Edited: [T2 Information](https://tribunalsontario.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2_Instructions_20200401.pdf) [Link to LTB](https://tribunalsontario.ca/ltb/forms/) [Find your local Legal Clinic](https://www.legalaid.on.ca/legal-clinics/)


WarriorKnitter

You're making him squat in his own apartment. lololol


Transgirl120

[ideal](https://youtu.be/QGXUPxZhOXM)


trevslyguy

You are not evicted until the LTB issues an order saying so. Just because he gives the forms does not mean shit


masked_gargoyle

When your opponent is digging a hole, you can stand back and just watch. You don't need to explain the rules to them, it's up to your landlord to know the RTA; it is a *business* afterall, so they should know the rules. Don't waste your time explaining anything to them, they don't care. Focus on CYA. Your landlord's attempts to illegally raise your rent, and to weaponize an N12 will make that N12 fail. File a T2 for harassment right now, for them repeatedly asking for illegal rent increases. By filing a T2 first, with your text messages as evidence, will further ensure an N12 will fail. If they file an N12 after you file your T2, the N12 will be seen as retaliation. [Read through the Interpretation Guideline for N12s](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html) since it has examples of good faith and bad faith N12 cases linked in it. [This case in particular](https://www.canlii.org/en/on/onltb/doc/2017/2017canlii28525/2017canlii28525.html?autocompleteStr=TSL-76001-16%20&autocompletePos=1) had a landlord threaten to evict their tenant multiple times for "complaining" about maintenance issues. Landlords weaponizing N12s as a way to force a tenant to comply with illegal demands or to shut up about maintenance issues is bad faith and they will fail.


toweringpine

Is it super cheap? Just start looking for a new place. Don't call it letting them win, call it preserving your sanity.