Your tenant may be exemplary, but circumstances do change and you as the landlord may require the rental unit for personal use. In the event that the tenant refuses to move out voluntarily, in Toronto, you may pursue the option of terminating the tenancy more formally through the Landlord and Tenant Board. In accordance with Ontario residential law, a landlord may terminate a tenancy if he or she requires the unit for personal use by:
- Him or herself
- His or her spouse, parent or child
- The parent or child of a spouse
- A person providing care services to one of the above individuals (provided that the person cared for lives in the same building or group of buildings where the caregiver will live)
To pursue an eviction on the above grounds, the first step is, as always, a properly completed and served notice of termination. As soon as this notice is given, the landlord can file an application with the Landlord and Tenant Board in Toronto to have a hearing in the matter so an order for eviction may be issued. The most important thing here is substantiating your reasons for requiring the unit for personal use, where you did not require it before: it is not enough to show that you simply want to live in the rental unit. Generally, you must, with documentary evidence and oral testimony of those concerned, show that:
- The person seeking to move into the rental unit has no other place to live, or
- The rental unit is substantially more convenient for the person seeking to move in, due to proximity to work, school, etc, and
- The person actually has every intention and readiness to move into the rental unit
It is worthwhile to note that in Toronto, the Landlord and Tenant Board takes applications for eviction for the above reason with fair seriousness, since making a tenant move out has serious implications on the tenant’s circumstances. Especially where the matter is contested by the tenant, we have had experience with hearings on similar matters run for hours.
Be prepared! Make sure you can show that moving into the rental unit is a real need, not a preference. As these matters are generally more complex than things such as non-payment of rent, we also advise that you strongly consider professional representation. Please feel free to contact us for a free assessment of your case.