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There
are a series of "no-fault" applications where Landlords can apply to
evict tenants even if the tenant has done nothing wrong.
These
are applications through which the Landlord regains vacant possession
of the rental unit for a use other than as a rental.
The
most common is the "Landlord's Personal Use" application. The
test for the adjudicator is whether or not the Landlord in good faith
served the tenant with a notice of termination and truly intends to
live
there.
This
type of application can be made for an immediate family member, as well
as the Landlord and more recently, a caregiver who has a need to live in the
premises for the purpose of giving care to the landlord or a family
member. There are strict service requirements for
the
notice of termination, and the Tenant is usually entitled to 60 days
notice, effective at the end of the rental period or the end of the
lease term.
Tenant's often claim "other factors", in attempting to convince the
Board
that you don't intend to move in. There is an abundance of
case
law to assist in achieving this type of eviction, and we are familiar
with it all. Let us guide you through the Tribunal process
and
recover your property for your personal use.
If you
are selling your house, and have an executed agreement of purchase and
sale, you can also apply on behalf of the purchase, if he or
she
or a family member intends to move in and live in the house.
These applications are more complex, and subject to difficulty if the
proper steps are not taken. |
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