A landlord must give a Two or Four Month Notice in good faith and follow through with the reason for the eviction. If a rental unit is not used for the purpose stated on the eviction notice for at least 12months, beginning within a reasonable period after the notice takes effect, the landlord may have to pay the tenant 12 months of the previous rent. For example, if your landlord claims they are moving into your unit, but instead re-rents it to a new tenant at a higher rent, you have the right to seek compensation.
When a tenant applies for 12 months of rent as compensation, the burden of proof is on the landlord. This means that, while you will be given the opportunity to present evidence at the hearing, your landlord will have the primary responsibility to convince the arbitrator that they used the property for the stated purpose of ending your tenancy.
Exceptions
The RTB has the power to excuse the landlord from paying 12 months' rent as compensation in "extenuating circumstances". For example, if a landlord ends a tenancy to move in a parent, but then the parent dies before the six-month requirement has been reached, the landlord may be excused from paying any compensation, since the situation that unfolded could not have been reasonably anticipated and was out of the landlord's control.
Resources
- TRAC Webpage – Evictions
- RTA Section 51 – Tenant's compensation: section 49 notice
- RTB Policy Guideline 2A – Ending a Tenancy for Occupancy by Landlord, Purchaser or Close Family Member
- RTB Policy Guideline 2B – Ending a Tenancy to Demolish, Renovate, or Convert a Rental Unit to a Permitted Use
- RTB Policy Guideline 50 – Compensation for Ending a Tenancy
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