What is a no-fault eviction?
A no-fault eviction occurs when a landlord in Ontario asks a tenant to leave their unit when that tenant has not violated the terms of their lease. It is only legally permitted should the landlord provide the tenant with an N12 or N13 form.
N12 Form:
An N12 Form is used when the landlord wants to take back the unit for:
- Their own use
- The landlord or their immediate family member is moving in;
- A person who provides care services to the landlord or their immediate family member is moving in.
- The purchaser’s own use
- The purchaser or the purchaser’s immediate family member is moving in;
- A person who provides care services to the purchaser or their immediate family member is moving in.
Mandatory Notice and Compensation/Alternative Unit:
- The landlord must give you 60 days’ notice;
- The termination date must be the last day of the rental period;
- The termination date cannot be earlier than the last day of the fixed term if the tenancy is a fixed term (such as with a one-year lease);
- The landlord must pay a tenant one month’s rent compensation before the termination date listed in the notice, OR
- The landlord must offer the tenant another rental unit that is acceptable to the tenant and suitable for their needs.
What to Do When a Tenant Receives an N12?
- The tenant can move out early (10 days’ notice);
- The tenant can move out on the termination date;
- The tenant can dispute the N12 Notice at the Landlord and Tenant Board.
N12 Hearing at the Landlord and Tenant Board:
- The landlord can file immediately for a hearing date after giving the notice.
- The hearing is where evidence is presented and arguments are made.
- Arguments to make at the hearing:
- Invalid N12 Notice;
- Failure to Provide Compensation;
- Failure to File Affidavit;
- Failure to Disclose Previous No-Fault Evictions;
- Bad Faith;
- Hardships Caused.
What If No One Moves In?
A tenant who is a victim of a no-fault eviction done in bad faith can file a T5 Application to the Landlord and Tenant Board:
- To obtain compensation;
- To have the landlord fined.
N13 Form:
An N13 Form is used when the landlord:
- Intends to demolish the unit or the building;
- Requires the unit or the building to be vacant to complete extensive repairs;
- Intends to convert the rental unit for non-residential use.
Mandatory Notice:
- The landlord must give 120 days’ notice;
- The termination date must be the last day of the rental period;
- The termination date cannot be earlier than the last day of the fixed term if the tenancy is a fixed term (such as with a one-year lease);
- The landlord must seek proper permits for renovations or demolition.
What to Do When a Tenant Receives an N13 Form Because of Renovations?
- The tenant can move out early (10 days’ notice);
- The tenant can move out on the termination date;
- The tenant can dispute the N13 Notice at the Landlord and Tenant Board.
- The tenant can demand to exercise their right of first refusal upon completion of the renovations.
In Case of Demolishing and Conversion:
- The tenant must receive compensation (provided the building has 5 or more units);
- The tenant can ask for an alternative unit.
Exercising the Right of First Refusal (Repairs and Renovations):
- The tenant moves back in after the repairs are completed;
- The terms of the lease (including the price of rent) remain the same when tenant moves back in.
What If Repairs / Renovations / Demolition / Conversion Doesn’t Happen?
A tenant who is a victim of a no-fault eviction done in bad faith can file a T5 Application to the Landlord and Tenant Board:
- To obtain compensation;
- To have the landlord fined.
Why are we seeing so many N12s and N13s over the past few years?
Studies across the country show that many landlords have been using these two no-fault eviction mechanisms in bad faith, in order to get rid of their long-term tenants and significantly raise the rents. Ottawa has been experiencing a housing crisis for years; vacancy rates are consistently low, and rents are very unaffordable. It is crucial that Ottawa residents be able to retain their rental units; their options otherwise are very minimal.
If you have any questions regarding your rights, contact an Ottawa Community Legal Clinic or Action Housing.
Another way Action Housing can help if you receive an N12 or N13 Form:
Action Housing has created a form that anyone renting in Ottawa can fill out if they have received an N12 or N13 in the past year, and have moved out of their unit. Simply complete the following form and email it to info@action-logement.ca:
Action-Logement – Formulaire N12 & N13 Form – Bilingue – Avril 2021
We will add the information collected with this form to our database; since we already look at online housing adverts every day, we can also look to see if any of the units in our database are advertised for rent on those housing search websites. It is important to include as much information as possible in the form, such as the names of the landlord and property manager.
If we see that the unit you registered with us is advertised for rent on housing search websites within a year of the move-out date appearing on your N12 or N13, Action Housing will make a copy of the advert and will contact the person listed as the contact on the form. It will be up to you and your legal representative to collect further evidence and mount a case against your landlord, if you decide to pursue further action.
Other things to do for a period of one year:
- Regularly check to see if your unit is listed for sale;
- Regularly check to see if your unit is listed for rent on short-term rental sites.
(Action Housing will not perform these checks for you.)
Legitimate no-fault evictions do happen, but it is important to ensure that landlords follow the proper procedures, respect the required timelines and offer the proper compensations. We firmly believe it is up to all of us to ensure these types of evictions are done in good faith and are not used to get rid of long-term tenants who are protected by rent control, so the landlord can significantly increase the price of their units.