Description

House on 284 Clinton Street is a duplex. Landlord lives in the apartment on the ground floor with her sons. Apartment on the second floor is a rooming house with 5 rooms rented out to different tenants on separate leases.

This eviction started off as an N13 and quickly became an N12 when the N13 did not work. The N13 was “to fix the floor” but with no option to return – I was asked to move out indefinitely as she wanted to rent the room to a new tenant.

At the end of July, I refused to move out and insisted on proceeding with LTB and she retaliated by refusing to accept my rent for August and September to force August to be my last month.

She applied for an L2 Hearing for the N13 on July 22 but cancelled it on Aug 16 because she was advised that it was invalid. Five days later on Aug 21, she issued an N12 and changed her story - She wants to move into my room. She changed her stance on rent and I have paid all rent due but refused to pay the illegal rent (7.7%) increase without an LTB order and without proper notice.

Landlord then applied for an L2 for the N12 and a hearing was scheduled on Dec 13. In her Affidavit, she stated that she needed my room for storage as she was renovating her basement.

I had already filed a T2 application against her for harassment, coercion, threats and significant interference of my enjoyment of the unit. The T2 hearing was held on October 22. The LTB concluded that she harassed me and significantly interfered with my enjoyment of the unit. They ordered a rent abatement.

During the T2 hearing, she said she gave me the N12 notice, she was evicting me because she planned on using my room as a storage area.

However, during the N12 hearing, she changed her story again - her nephew is supposedly moving into her room in her apartment, and she would then need to move into my room. They testified that plans for the nephew to move in were made at the end of June. Her nephew, who started working as a financial advisor at TD’s Bloor/Runnymede branch on or shortly before Sep 01, 2019, apparently lives in Mississauga finds his commute too long and wants to move into his Aunt’s bedroom.

The board member did not consider all evidence pointing to a lack of credibility and the N12 being a part of her retaliation for asserting my rights in many instances including her refusal to provide rent receipts (for which I had to involve the Rental Housing Enforcement Unit) and her refusal to follow any legal processes for evicting tenants on no grounds and raising the rent.

The eviction order issued was based solely on the fact that the board member was satisfied that my landlord would likely move into my room despite her reasons (and I couldn't predict the future to prove that she won't)

N12 Type
  • Personal Use

Did the Tenant Contest the N12?
  • Yes

Did the Tenant Leave?
  • LTB Ordered Eviction

Eviction Date
  • 2020-03-31

Location

284 Clinton Street, Toronto, ON, Canada

Contact previous tenants