Tenant advocates are raising alarms as data reveals a significant spike in N12 eviction applications in Toronto this year. Landlords have filed 1,767 N12 eviction notices from January to September 2023, marking a 77% increase compared to the first nine months of 2022.
N12 evictions, under Ontario law, allow landlords to evict tenants if the property is required for personal use by the owner, their immediate family, or a caregiver. This provision can also be applied by new property buyers. Data from the Landlord and Tenant Board (LTB) shows that the applications for 2023 have already outstripped the total for 2022, which stood at 1,312.
For many tenants, an N12 notice can result in an eviction through no fault of their own, leading to considerable stress and upheaval. Jes saches, an artist who prefers their name in lowercase, narrated their ordeal after receiving an N12 in March 2022. “I’m getting a little tired. I’m constantly considering doing a fundraiser to recover the income I’ve lost,” saches remarked. Their concerns also encompass potential housing accessibility issues given their disability.
Samuel Mason, a lawyer at Parkdale Community Legal Services, commented on the simplicity of the N12 process for landlords. “Needing only to prove an intention makes the N12 one of the easiest ways landlords can evict a tenant,” Mason said. The rising rental prices in Toronto, now averaging $2,614 for a one-bedroom, a 4.9% increase from last year, adds to the allure for landlords. Mason continued, “It’s pretty devastating to people. These are tenants who work extremely hard to pay their rent and are otherwise exemplary tenants.”
While the law provides an avenue for evicted tenants to appeal if the landlord or their designate does not move in, the loss of a rent-controlled unit cannot be undone. In saches’ ongoing case, the unique aspect is the evictor’s mere five per cent ownership stake in the property.
Apartment buildings
Geordie Dent, executive director of the Federation of Metro Tenants Association, emphasized the
emotional toll on tenants, noting, “You don’t know if you’re going to win or not. And that tremendous pressure and stress causes a lot of people to just move.”
Tony Irwin, president of the Federation of Rental-housing Providers of Ontario, however, highlights the rights of property owners. “We cannot ignore the fact that someone who owns a property should be able to have certain rights to that property,” he stated.
The provincial government, aiming to bolster tenant protections, has passed a bill mandating landlords who evict through N12s to ensure the designated individual moves in by a specified deadline. Additionally, the bill aims to double the maximum fines for bad faith evictions to $100,000. However, the bill’s enforcement date remains unclear, and critics, like Mason, believe it fails to address the core issues with the permissive legal test for N12s.
With the future uncertain for many tenants and landlords awaiting clarity on regulations, the debate over property rights and tenant protections remains heated in Ontario.
