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N12 From New Landlord 

nickyembers
nickyembers
Posts: 1


Posted On: 10/17/2022
nickyembers
nickyembers
Posts: 1
Hello all.

I moved into an amazing apartment/ condo in April of 2021. The property was a newly renovated duplex (top & bottom). I’m in the main (lower) unit which includes the main floor and the basement. It’s 3 bedrooms with 2 bathrooms and the upstairs unit is 3 bedrooms and one washroom. I pay $1500 a month. The upstairs unit was occupied when I moved in.

Haven’t had any issues or troubled anyone since I moved in. I went through some financial hardships so I was occasionally late on rent but I always made sure to pay it. I even lost my job in January, during probation and I wasn’t qualified for EI. I was left to rely on my savings until I got a job in June. I kept paying rent.

In March of this year, the owner decided to sell and ownership was transferred in May. In June, my neighbour upstairs informed me that the new owner had reached out and wanted to increase rent above the allowed rate. But neighbour refused and fought back on that. The landlord never reached out to me.

In mid August, upstairs neighbour bought a house. 2 weeks after he announced he was moving, I received an N12 and I’m supposed to move out end of October. The landlord had decided not to rent either units and his family would be moving in.

Now I was set to start school in September. I live in Windsor ON, a student city. Everything affordable is snatched by students around this time and I was also starting school in September (Registered Nursing), but was going to keep working full time.

I panicked when I got the N12 because it’s a bad time. I started searching for apartments but everything is ridiculously overpriced. I decided to get a second job so as to increase my chances of finding a place. I even quitting the second job couple of weeks because I wasn’t doing well in school and I can’t afford to drop out.

October 1, upstairs neighbour moves out and the landlord moves in upstairs. I eventually met him and he’s a super nice guy. He doesn’t have internet setup yet so I’m currently sharing mine with him with no intentions other than being nice and helping someone out.

So he calls me this morning that he’s going to have internet setup and I can cancel mine if I want and I can use his. (Really nice of him.
He also brought up the fact that his wife and parents are moving in first week of November, she recently had a c-section and is not supposed to walk up the stairs which is why they want me to move out so they can have the main unit. He’s also offered me the upstairs unit but I will have to share with his parents.

There was no mention if they’ll be a rent deduction. I don’t even care about a deduction. I don’t do very well with roommates; reason why I’m in a 3-bedroom by myself. The last set of roommate I had left me traumatized and I had to file a police report for an abusive situation.

I’m not a difficult person and I don’t want to be the reason why his family cannot move in. Moreover, it’s his house. I have an ok job now. $1500 is a lot but I’m able to make do. Anything more than that and I’ll have to quit school and work 2 jobs which is what most of the prices is looking like. In addition to that, my credit score took a big hit while I was unemployed. Most of everything I had was being put towards rent.

I don’t have family in this country and most depend on me. This is my first time in such situation so I really want to know what my best options are.

Please I am not an a**hole or a selfish person. I’m peaceful and I just want to keep things that way. But I’m also scared that I will be homeless in 2 weeks. I’m already under so much stress with school and work. Having to move will impact me a lot.

So please let me know what to do please.
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Moderator
Moderator
Moderator
Posts: 3822


Posted On: 10/31/2022
Moderator
Moderator
Moderator
Posts: 3822
Hi there,

Thank you for sharing your question and situation with us, we appreciate your interest in this information.

According to the Steps to Justice article, If my rental place is sold, can my landlord make me move or charge more rent?
Your rental agreement doesn't have to change just because you have a new landlord.
The new owner must continue to follow the legal rules about how often and how much your rent can go up.

And the terms and conditions of your rental agreement also stay the same even if there is a new landlord. You can agree to make changes if you want to, but you don't have to.
[...]
Make sure you understand your rights and what you are being asked to sign. There is more information about this in the step “Understand other documents you might be asked to sign”. If you are not sure, try to get legal help.

If the new owner wants you to move out, they must have a legal reason and they must give you proper notice. You also have the right to dispute the reason. A change of ownership is not a legal reason to make you move out.

Most privately-owned rental units in Ontario are covered by rules about rent increases. These rules apply even when a rental unit is sold.
The basic rules are:
  • 1. There must be at least 12 months between rent increases.
  • 2. The landlord must give you 90 days' notice of the rent increase in writing.
  • 3. The rent can't go up more than the provincial guideline unless the landlord gets approval from the Landlord and Tenant Board (LTB). But some newer rental units are not covered by this rule.




  • If your landlord wants you to move out because his family is planning on moving in, he must give you proper notice. He also must honour the terms of your current rental agreement unless you enter and sign a new agreement. We are wishing you all the best in this situation, you may want to contact the Landlord and Tenant Board for general information about landlord and tenant issues at 1(888)332-3234. You may also want to contact the nearest Community Legal Clinic for some advice regarding your situation. You can find the nearest one by using this tool here. Steps to Justice also has a compiled list of programs and services in housing law that may be helpful.
    If you have any additional questions, please feel free to post them here.

    We hope this information is helpful.

    Sincerely,

    Your Settlement.Org team
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