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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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This is a continuation of the original thread I started on

Customer Question

Hello, This is a continuation of the original thread I started on September 19th, starting with "My one year lease is ending next month..." I am hoping you can review this discussion I had with your staff which ended on October 1st. In short, the landlord's
agent was using unlawful tactics to try and kick my parents to move out. Since my parents got scared, we have found another place (in October) to live starting end of December - before receiving the LTB hearing date which was on Nov 20th. On Dec 14th, the
LTB ruled in our favour and denied the landlord's application for my parents to move out for their personal use because they found it was done in bad faith. I.e. the landlord's tactics of demanding rent increase over and above the limit. Is there a way for
us to receive restitution of the legal expenses and/or moving costs associated with my parents having to move b/c of the landlord's unlawful acts? How do we go about this? Also, we did not provide the landlord with a written notice of the intention to move
out. We did however state that we will be moving out by Dec 31, due to the hostile tactics by the landlord at the LTB hearing on Nov 20th. Can the landlord come after us for the two month's rent (60 days notice that we didn't provide)? My lawyer representing
me has advised us that it is very probable that restitution can be enforced by the LTB and that we wouldn't have to incur any costs of not providing 2 month's notice b/c of the circumstances that the landlord put us in. But I am unsure of this. I am hoping
for some clarity on this. I have included the attachment of the decision by the LTB. Thanks, Meherji
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I just have one question first. Are you saying that when you were at the hearing no one mentioned the fact that your parents were going to be moving out anyway?

Customer: replied 1 year ago.
No, we did mention it. The adjudicator later asked my lawyer whether we wanted to agree with the landlord for us to move out by December 31st. The lawyer said to the adjudicator that we will make that decision after the adjudicator's decision of the N2 filing.
Expert:  Debra replied 1 year ago.

Then you are fine. I can't see there is any possibility of your parents having to pay this landlord anything. This landlord lied and try to break the law to get them out and they have every right to leave and to be compensated. damages.

Just as an aside, you might find it interesting to know that this similar situation happened to my mother. A few years back she got into a fight with her landlord and the landlord pretended that her daughter was going to move it to my mother's space. We went to the LTB and my mother got compensated for moving expenses and got an order for the landlord to pay the difference in rent from her new place as compared to what she had been paying for one year.

Customer: replied 1 year ago.
Thanks, ***** *****!We called the LTB and were told that we would have to get the landlord to file an N11. Also, the outcome of the decision does not mean we would not avoid the 60-day notice requirement. The advice was to ask for an N11 and if we were denied, then give notice and file for a T2, noting we should not be held to 2 months notice because they interfered with reasonable enjoyment of the unit. It seems we still may be on the hook for two months rent and unless the landlord is amenable to the N11, we would have more work ahead of us. What would be your advice? Is this how you would proceed as well?Also, what should our next steps be if they force us to give 2 months notice? We will be in a new place Jan 1 and cannot afford paying for a place we are not living in.Thanks.
Expert:  Debra replied 1 year ago.

The process is correct. If he brings an application for an order for the rent you will fight it and very likely win.

Customer: replied 1 year ago.
Follow up questions:
So if he declines the N11, would we still move out, make arrangements to drop off the keys, and move about our business. If he then files an application for rent (file name?), we would go to the LTB make our case, and likely win. But if he doesn't file but based on what email exchanges we would have had, the dispute would still be open. Would we be at risk of a future claim on his part? We would want to ensure any and all obligations are closed at our end.
Expert:  Debra replied 1 year ago.

He has two years to sue unfortunately. But I cannot think of anything more you can do unfortunately.

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