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Does A Landlord Have To Pay A Tenant To Move Back Into Their Own Home?

By Advice for Landlords, Video Blog

If you are a landlord in Ontario wanting to move back into your rental property, then this post is for you!

In the past, all you had to do was simply notify the tenant of your intention to move back in, and the tenancy would effectively come to an. (with proper notice of course)

Unfortunately, many (shady) landlords weren’t using this method in the most honest of ways.  Instead of moving back-in, some landlords would simply relist at a higher price. Naturally, this displaced many tenants resulting in unnecessary moves and extra costs.  The Ontario government quickly got wind of this and moved swiftly to shut the loophole down.

As of September 1st, 2017, the rules surrounding how and who can move back in have changed significantly. As per the Landlord Tenant BoardA landlord may apply to terminate a tenancy on the basis the rental unit is needed for use by the landlord, the landlord’s family member, or a person who provides or will provide care services to the landlord or landlord’s family. Notice how they didn’t say cousins or even siblings? It must only be an immediate family member, and the move must be in “good faith”.

You also to compensate the tenant for displacing them. Yes, you read that right – landlords now have to: compensate the tenant in an amount equal to one month’s rent or offer another rental unit acceptable to the tenant.

Examples of Evicting a Tenant as Bad Faith

Some examples the board provides of termination in bad faith include:

  1. advertises the rental unit for rent;
  2. enters into a tenancy agreement in respect of the rental unit with someone other than the former tenant;
  3. advertises the rental unit, or the building that contains the rental unit, for sale;
  4. demolishes the rental unit or the building containing the rental unit; or
  5. takes any step to convert the rental unit, or the building containing the rental unit, to use for a purpose other than residential premises.

These provisions only apply during the period that begins on the date the landlord gave the tenant the notice and ends one year after the former tenant moves out of the unit.

Fines or Remedies

If a landlord is caught breaking the rules, the LTB may order the landlord to pay:

  1. a specified sum to the tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit;
  2. reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur;
  3. an order for abatement of rent;
  4. an administrative fine not exceeding the greater of $25,000 and the monetary jurisdiction of the Small Claims Court; or,
  5. any other order that the LTB considers appropriate.

Steps a Landlord Must Take to Move Back Into Their Rental Property

If you and your family truly do need to move back into a rental property – make sure you follow all the correct procedures:

  1. Give proper notice.
  2. Compensate the tenant in an amount equal to one month’s rent or offer another rental unit acceptable to the tenant.
  3. Ensure only you or an allowable family member is moving back in and that the move is being done “in good faith”

With a max fine of up to $25,000, going about it in the wrong way is no slap on the wrist! Full details can be viewed on the Landlord Tenant Board website… and of course, none of this is to be taken as legal advice – just my experience in the wild world of Toronto Real Estate.

Happy Real Estating!

What Are they Building at 529-543 Marlee Ave? 819 Glencairn Ave.

By New Condo Developments
More changes are coming to Marlee Ave! An application has been submitted by KFA Architects and Planners on behalf of 809726 Ontario Ltd to build a 9 storey, residential condo on the corner of Marlee and Glencairn.

Where Will the Condo be Built?

The lot is located on the North East corner of Marlee and Glencairn. The application was submitted to re-develop the addresses known as 529, 537, 539, 541 and 543 Marlee Avenue as well as 811 and 813 Glencairn Ave. For application purposes, the building is referred to 819 Glencarin Ave – but that name may change as the approval process progresses.
 

What is Currently on Site?

The lot is occupied by a three strorey mixed use building with commercial uses at grade and walk-up apartments above. 
Sidenote: we know this corner very well, as we’ve had many dinners at Li Cheng’s!

How Many Units Will be Built?

The current application calls for 84 residential units with retail at grade. The retail space can be divided into a variety of options, from 1 large unit to 6 smaller ones.

What Type of Layouts Will 819 Glencarin Ave Have?

The current proposal is calling for:
28 one bedroom units
24 one bedroom and den units
28 two bedroom units
2 two bedroom and den units
2 three bedroom units

What Will The Project Look Like?

What Amenities Will the Building Have?

Plans are calling for a gym and party room along with a shared outdoor balcony.

Will the Condo have Parking?

Three levels of underground parking will be included in the design, along with 79 parking space with two spaces for commercial use and eight for visitors. They will also have bicycle parking off of the main level.

When Will 819 Glencairn Ave Be Built?

Plans were submitted to the city in September 2017 and the first community consultation meeting was in January 2018.  There was a lot of community push back and a many changes suggested to the overall project.  As more info is known, we’ll update the blog!

Our Thoughts on the Project

Marlee Ave is ripe for development – it has the vibe, feel and potential to become “The Ossington” of midtown! This application is the second of the year for the strip (first being a series of stacked townhomes at Wenderly Ave), and atleast to us, a welcomed addition to the area.  

In January 2018, we attended the community consultation and unfortunately many in the room didn’t share the same enthusiasm for the project as we did!  There was a small handful of the usuals who flat out wanted no changes whatsoever.  BUT there was also a larger group that were open to redevelopment, so long the height was brought down.  

Personally, we think 9 storeys is perfect for the area! A short walk south on Marlee is where you’ll find several condos, built in the 70’s, with heights of over 20 storeys tall. We also like the use of red brick for the exterior, helps set it apart from yet another boring glass building.  

From the sounds of it, it looks like the architects will be going back to the drawing board to makes changes to the proposal. Be sure to check back as we’ll be providing updates as more is known!