Description

My roommate and I had been living in the apartment since September 2014, which was completely renovated upon us moving in. There are two, 2-bedroom units in the house. Mid January of this year, I receive a notice via text that LL plans to sell the house in the spring. I send LL an email outlining the rules re: eviction from the LTB, as I do not intend on leaving my apartment. Throughout January and February we deal a real estate agency and with multiple showings a day, often having us out of our apartment on our weekends for more than 5 hours. The tenants in the other unit, who are not as aware of their rights, decide to leave. I send an email at the end of February to the LL saying we will move out so they can facilitate the sale of the house, as I have noticed the asking price drop 3 times over the course of a month, likely because our rent is below market and given what LL was asking, it wouldn’t be a profitable home to buy. I ask for 3 months of rent in exchange for us leaving. LL replies by email saying a family intends to buy the home, and that they will live in our unit, while the new buyer’s parents will live in the other unit. I inform my LL that either he, or the new buyer, will need to provide us with 1 month rent as per the rules. I also ask for the interest on our LMR deposit. LL then asks that we move out by March 31st and he will give us one month rent. I tell him no, that we require 60 days, and that we will move out by May 1st, and remind him that the 1 month’s rent, 60 days notice, and LMR interest is the law and that if he doesn’t provide it I will go to the LTB. LL then threatens that I will have to deal with the new owners or I can negotiate with him and he will give me a “fair deal”. I tell him that this is not a “deal”, but the law, and that he will provide us with compensation and proper notice. I again tell him I will call the LTB (which I do, just to confirm everything).

I ask LL for proper notice, and LL then says that I have to be the one to give him notice so that it is only 60 days, instead of 90 days that he would be required to give us. I sign an N11, but write on the form that the agreement is signed after receiving notice by email that our LL has said the property is pending sale, and that the buyer intends to move in with their family. My LL never sends back a signed copy or even acknowledges receipt, but we do not pay rent for March or April (i.e., one month’s compensation, and then our LMR). My roommmate decides to move to MTL since it’s cheaper rent, and I decide to look for a place on my own. I find a place in the neighbourhood for May 1st, but it is more expensive by ~300$/month, and I no longer have A/C, a dishwasher, or en suite laundry. In the interim, roommate finds a place in MTL, suddenly gets a better job in Ottawa, gets rid of his place in MTL, and finds a place in a different neighbourhood in Ottawa (again, no longer has A/C, dishwasher, or en suite laundry and pays approx. the same as our old unit). Mid April, I ask LL if we can extend the move out date to the weekend (May 5th) so my roommate and I don’t have to take off work, and he says he will do so if we forfeit the LMR interest, which I accept. We both move out into separate apartments.

Fast forward to this week, when I see that the house is up for sale again, at the original asking price on Kijiji. I can't confirm if it is my old LL, but I am almost positive it is. So, now I ask, is this considered “giving an N12 in bad faith”? Both my roomie and I were operating on the premise that we had to move out since a new family was moving in.

N12 Type
  • Non-Valid N12 (Text, Email, Verbal)
Eviction Date
  • 2019-04-30
Location

125 Arthur Street, Ottawa, ON, Canada

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