- November 5, 2023
- Posted by: legaleseblogger
- Category: Related News
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**Analyze and Determine the Validity of the Eviction Notice**
It can be quite confusing and overwhelming when receiving a notice from your landlord, especially when it pertains to the termination of your tenancy. In this case, your landlord has sent you a text message via WhatsApp notifying you that your tenancy will be terminated according to the requirements of the Residential Tenancies Act. However, you may be wondering whether this informal text message serves as a valid notice of eviction or if your landlord is required to provide you with a proper N12 Form.
**Understanding the Notice**
While the initial text message from your landlord may appear informal, it is crucial to evaluate the provisions mentioned in the message. According to the Residential Tenancies Act, specifically Section 48, a landlord is indeed allowed to terminate a tenancy for the purpose of providing the premises to a member of their family. In this situation, your landlord states that their father and mother-in-law are considered “family members” as defined in the Act.
**The Role of AI Legalese Decoder**
To navigate through the intricacies of legal terminology and ensure a comprehensive understanding of your rights and obligations, you may find the assistance of the AI Legalese Decoder incredibly helpful. This innovative tool can analyze and decipher complex legal language, providing you with insights into the specifics of your situation. By utilizing the AI Legalese Decoder, you can gain a clearer understanding of the legal requirements and implications surrounding your tenancy termination.
**Validity of the Notice**
Considering the provided information, it appears that your landlord has provided a valid notice of eviction under the Residential Tenancies Act. While a formal N12 Form might not have been presented in this instance, the content of the landlord’s message aligns with the Act’s provisions for terminating a tenancy to accommodate family members.
**Responsibilities and Next Steps**
It is crucial for you to understand and comply with your responsibilities as outlined in the Residential Tenancies Act. This includes fulfilling your financial obligations by paying rent up until the termination date and ensuring that the property is left in a clean and undamaged condition.
Should you have any uncertainties or require further information, it is recommended to reach out to your landlord for clarification. Utilizing the AI Legalese Decoder can also assist you in obtaining a comprehensive understanding of the situation and exploring your rights.
In summary, while the termination notice you received via WhatsApp may not be in the form of a traditional N12 Form, it appears to be a valid notice under the Residential Tenancies Act. By utilizing the AI Legalese Decoder and seeking further clarification if needed, you can confidently navigate through this situation and ensure your legal rights are protected.
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AI Legalese Decoder: Breaking Down Complex Legal Language into Simple Terms
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****** just grabbed a
NAL but no you need an N12 from the landlord for this purpose.
If the LL ends up not moving their family in, you will have a much easier time going after them for compensation with a real N12 and not a text message.
[https://tribunalsontario.ca/ltb/forms/](https://tribunalsontario.ca/ltb/forms/)
As others have said, it needs to be literally the exact N12 form and it has to served personally to you.
And even if that is done all legally, after you are evicted you can report the landlord if you find evidence that he did not infact need it to house his family members (if you see a post advertising the unit online, etc) and the LTB may order him to give you the tenancy back or compensate you for rent if you end up going somewhere with higher rent
You need to be given a proper N12 with the proper notice.
The N12 must say who is moving in – a purchaser, or their spouse, parents, or children; a spouseÔÇÖs parents or children; a caregiver for any of the above. Notice that in-laws *are* on that list.
Here, this is the correct process for an N12, with a checklist of necessities for the form on page 2:
https://stepstojustice.ca/questions/housing-law/can-i-be-evicted-if-my-landlord-wants-move/
IMHO, prepare to file a T2 if you intend on staying. Bad faith evictions (ie. those with improper notice and/or form – showing a lack of understanding of the law but proceeding regardless) are a warning sign.
Edit: autocorrect screwed me, lol
Must be the n12 form, correctly filled out. You also have the RIGHT to wait for an LTB hearing if you wish to, and it is on the LL to file for the hearing. Only the LTB can evict you unless you decide to accept it and move out. You CAN inform the LL of this, or not, it is up to them to figure it out and not your responsility. If it just a text, you can simply reply you do not accept the notice as valid and won’t be moving out dec 31.
Start looking for a place anyways and keep paying rent on time, and if the LL refuses the rent document attempts to pay and keep the money in a savings account until the LTB hearing.
DO NOT SIGN AN N11 AND DO NOT HAVE ANY OFFICIAL COMMUNICATION WITH THE LL OTHER THAN EMAIL OR TEXT. If the LL tries to do it over phone, record the phone call or immediately send an email to the effect of “just to make sure i understood our previous conversation at DATE AND TIME we discussed ‘content of conversation’, correct?” To confirm you have it on record. Dec 31 is a bullshit time to evict someone and ruin their entire christmas lol.
This is not valid, the landlord needs to provide you the proper form. You can ignore it, it’s not your job to educate them on their responsibilities.
I will note that while the notice is not valid, their *reason* for eviction is valid, assuming it’s true. So there’s a good chance that you’re only gaining a few months from their mistake, not that you’ll get to stay there as long as you want
As others have said, the N12 is required, as is the payment of a months rent. TheyÔÇÖll then have to file an application to evict you with the LTB, they canÔÇÖt just throw you out.
Also, even if this was a valid notice, if it was issued in November then it doesnÔÇÖt meet the notice threshold either.
The earliest date they can put on the N12 now is January 31.
as others have said, also be aware that you are entitled to 1 months rent as compensation and it has to be paid to you before you leave or the N12 is invalid.
NAL but IÔÇÖm pretty sure it has to be a legitimate LTB form. Ignore the text and donÔÇÖt tell them to send you a form – donÔÇÖt do their job for them.
Not only this is not a valid notice (LL must issue a N12) but also you must be compensated with a month rent.
When LL provides you with a valid N12 (it’s already too late for December 31 btw) you can chose to stay if you have reasons to believe the LL history isn’t true. Then the LL must ask for a hearing, and it will take months.
The reason why it must be an official form (and you shouldn’t accept anything less) is that it will be challenged in front of the LTB.
My god some landlords are dumb.
“What, I sent a text!”
No
You can choose to accept this as valid notice, but you don’t have to unless they use the proper form.
As mentioned must be a valid N12 you get you last months rent which you already paid at the beginning (first and last) plus compensation in your pocket of an additional month of rent. Give the LTB a call the discuss the proper way the LL should be doing this.
It might not be legal, but you should probably start looking for a new place anyway because itÔÇÖs a valid reason to evict someone.
As pretty much everyone else said, your response should be something along the lines of “N12 notice or bust”, instead of caving to his message, or else he may try to spin it around as you moved out of your own volition.
Past experience, my aunt owned two condos. Loved in one and rented the other one out. She eventually sold the one sheÔÇÖs living in and served her tenant an N12 for the sole purpose of using it for her own personal use. One of the conditions of the N12 is that you give your tenant a minimum of 1 months worth of rent – cash for keys and that you cannot apply to the tribunal until 30 days after the eviction date noted on the N12. The N12 also requires 60 days notice. This means that the overall process could potentially be a minimum of 90 ++ days. This shows you how backed up the LTB is which may work in your favour.