Personal Use Applications by the Owner or Purchaser

There are a series of “no-fault” applications where Landlords can apply to evict tenants even if the tenant has done nothing wrong.  These are applications through which the Landlord regains vacant possession of the rental unit for a use other than as a rental.

The most common is the “Landlord’s Personal Use” application.  The test for the adjudicator is whether or not the Landlord in good faith served the tenant with a notice of termination and truly intends to live there.

This type of application can be made for an immediate family member, as well as the Landlord and more recently, a caregiver who has a need to live in the premises for the purpose of giving care to the landlord or a family member.  There are strict service requirements for the notice of termination, and the Tenant is usually entitled to 60 days’ notice, effective at the end of the rental period or the end of the lease term. 

Tenant’s often claim “other factors“, in attempting to convince the Board that you don’t intend to move in.  There is an abundance of case law to assist in achieving this type of eviction, and we are familiar with it all.  Let us guide you through the Tribunal process and recover your property for your personal use.

If you are selling your house, and have an executed agreement of purchase and sale, you can also apply on behalf of the purchaser, if he or she or a family member intends to move in and live in the house.  These applications are more complex, and subject to difficulty if the proper steps are not taken. In both examples, landlord own use or purchasers own use, the landlord is responsible for paying the tenant one month’s rent as compensation and, this compensation must be paid before the termination date. These are very complex issues, don’t let another day go by, call our firm to discuss.