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How to get my rental unit back for personal use?

Normally a landlord can only require his rental unit back for personal use by him or his family at end of period or term. However, in order to prevent abusive requirement from landlords, the LTB sets out the rules to guide how to get rental unit back for personal use.

Who can occupy the rental unit?

The Sec 48(1) of the RTA can indicate that any one of the following persons intends to occupy the rental unit:

  1. the landlord;

  2. the landlord's spouse;

  3. a child or a parent of either the landlord or the landlord's spouse; or

  4. a person who provides or will provide care services to the landlord or a family member of the landlord where the person receiving the care services resides or will reside in the building.

The notice of termination cannot include other family members who are not specified in section 48(1), such as a landlord's siblings.

How to terminate tenancy?

The landlord must give the tenant a notice of termination of a tenancy. This notice is often referred to as a "Form N12". The termination date in the landlord's notice of termination must be at least 60 days after the notice is given and must be the last day of a fixed term tenancy, or if there is no fixed term, on the last day of a rental period. For example, if the current month is January and the lease expires on June 30 of the same year, the termination date should be June 30. If there is a month to month tenancy agreement and notice is provided to the tenant on January 20, the earliest the termination date on the notice can be is March 31 which is 60 days after the notice is given and on the last day of the monthly rental period.

After being given the notice, the tenant is allowed to terminate the tenancy at an earlier date by giving give the landlord ten days written notice.

The landlord may apply to the LTB for an eviction order as soon as the notice has been given to the tenant, but section 69(2) of the RTA says that it may not be filed later than 30 days after the termination date in the notice. If the application is filed late, it will be dismissed. When the landlord file an application to evict the tenant, he need to file an affidavit sworn by the person who personally requires the rental unit certifying that the person in good faith requires the rental unit for his or her own personal use for at least one year. When deciding "good faith" the LTB must consider whether the landlord has a genuine intention to occupy the premises.


For notices under section 48 given to a tenant on or after September 1, 2017, the landlord must compensate the tenant in an amount equal to one month's rent or offer another rental unit acceptable to the tenant. This requirement must be met before the termination date on the notice of termination. The LTB will not issue an order ending the tenancy and evicting the tenant unless the landlord has satisfied this obligation.

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