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Own Use Application

Do you own a property?

Do you need it for your own use?

Who is planning on moving in?

Is the property tenanted?

Do you require the tenanted residential unit in a good faith?

The last question is the first question you need to ask yourself before you start taking any steps towards getting your property back.

The Residential Tenancies Act has a recourse for the Tenants to go after the Landlord if the Landlord acted in bad faith. Monetary compensations for the Tenants are very generous and could be awarded to the Tenants should the Tenants decide to go to the Landlord and Tenant Board seeking justice.

The Landlord and Tenant law is very complicated so it could be very stressful for a Landlord to navigate it. There are very strict requirements for an application to be successful:

  • a Landlord has to give a notice,

  • a Landlord has to file the application with the Landlord and Tenant Board,

  • a Landlord has to wait for a hearing to be scheduled, and

  • A Landlord has to attend the hearing where the Landlord has to prove their application before an adjudicator.

If at any stage of the process the Landlord makes a mistake, the application will be dismissed at the hearing and the Landlord would have to start over again from the beginning. The waiting time to the hearing as of today is around 8 months.

Are you in breach of your maintenance obligations?

How big is the breach?

This is another issue that will be addressed at the Landlord and Tenant Board hearing should the Tenant raise the issue. If the Landlord is in substantial breach of their obligations the Landlord and Tenant Board can deny termination of the tenancy.

Some Landlords rely on help/advise from their friends, relatives or realtors, but those are not legal professionals and do not know the Residential Tenancies Act and do not know how it gets applied to specific case scenario.

If you do not want to take a risk and make a mistake, you should hire a professional, such as Yuliya Molchanova at Y M Paralegal Services, who will be able help you to get the desired outcome.

In the alternative, you can hire legal help for a limited scope retainer, such as paid consultation where you can have all your questions answered and avoid a lot of stress and disappointment along the process.

You can contact Yuliya Molchanova to schedule a consultation session where your situation will be carefully assessed and the best course of action developed.

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