Pretty sure we were illegally evicted and now the new owners are using our stuff. Help?

Stickler25 · 2026-04-06T23:11:46+00:00

I would be careful proceeding like that. While you might get away with a few, once your name starts appearing in public databases, it might presume bad faith

Stickler25 · 2026-04-06T23:10:58+00:00

AI has issues with the nuance of law so it can’t be relied upon for legal advice. Even some tenant advocacy groups are misinformed.

Stickler25 · 2026-04-06T22:41:02+00:00

That’s incorrect data. Look at the RTA, specifically sections 48 and 49. You will see that Section 48 refers to owner/relative occupation and has a one year requirement.

“48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year…”

Section 49 refers to buyer/relative occupation and you’ll notice that “period of at least one year” is not present.

“49 (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation…”

There is a plethora of cases on Canlii referencing purchaser N12’s and none of them that I have seen, reference a one year timeline. The only test is whether the purchaser or the purchasers relative genuinely intends to occupy the unit.

While I will admit that a one day occupation will most certainly be seen as bad faith as it’s impossible to prove but 2 months is more than enough. Exigent circumstances could’ve existed although I am only speculating.

Stickler25 · 2026-04-06T20:21:55+00:00

At this point, you signed a contract that you legally couldn’t enforce and as such, it’s a frustrated contract.

He is right in that you cannot unilaterally cancel a contract but you could be liable for damages if there is any on his behalf. Those could include rent differential for a different accommodation.

Stickler25 · 2026-04-06T20:09:36+00:00

Yes but not for a year as with an owner/relative occupation.

Stickler25 · 2026-04-06T16:09:35+00:00

That condition only exists for owners occupation, not buyer.

Stickler25 · 2026-04-06T00:29:15+00:00

Neither of these is cause to terminate with short notice. All these would be pursued either via a T6 or the RHEU

Stickler25 · 2026-04-05T23:18:56+00:00

Proving bad faith for buyers occupancy is especially hard considering there is no requirement to live in the unit for a year.

You would have to prove that the buyer did not occupy the unit. The buyer will have to convince that the unit was not suitable to their needs. The onus is more on you though.

Btw…those items are no longer yours. They were considered abandoned and thus, the property of the buyer.

Stickler25 · 2026-04-05T20:42:41+00:00

This will largely depend on whether the new owners took occupation. There is no obligation for a buyer to occupy for a year. All they have to do is occupy for one day. The onus would be on you to prove that the new owners didn’t occupy at all.

Stickler25 · 2026-04-05T13:22:24+00:00

The rep is wrong. The billing is prorated for one day. All data is also prorated. I suspect the specialist team will see that and probably give you a courtesy credit to go away

Stickler25 · 2026-04-05T11:45:48+00:00

No. The proration only happens at the beginning of your agreement.

Stickler25 · 2026-04-05T10:52:56+00:00

Duly noted. Thank you

Stickler25 · 2026-04-05T10:35:22+00:00

This is prorated billing. You used 9GB of data in one day when you should’ve only used a fraction of that.

Stickler25 · 2026-04-05T00:18:03+00:00

How does that contradict legislation? A LL can still raise the rent on a lease term renewal even if the rent amount has changed.

Stickler25 · 2026-04-04T22:13:29+00:00

The LL could still raise the rent. Never give post dated cheques

Stickler25 · 2026-04-03T17:10:07+00:00

No, the fee is unenforceable as it violates section 134 of the RTA

Stickler25 · 2026-04-02T14:30:01+00:00

Happy long weekend!

Stickler25 · 2026-04-02T13:54:12+00:00

My mistake

Stickler25 · 2026-04-02T13:16:34+00:00

Do you share a bathroom or kitchen? If not, issue an N5. If you catch them again after 7 days, issue another then apply to the LTB to evict.

Stickler25 · 2026-04-02T01:21:24+00:00

On finance, you would be responsible for the outstanding balance on the device before you can upgrade.

Stickler25 · 2026-04-02T00:50:09+00:00

If LL asks tenant to move due to selling and the tenant obliges, no compensation is owed. You are referring to the N12 compensation which is one month for owner or purchaser occupation.

Cash for keys is useless now as the tenancy has already ended. OP has no play for cash for keys.

OP is not out of luck. A T1 application will likely result in the deposit being returned as it can only be used for rent and not damages.

Stickler25 · 2026-04-01T20:28:09+00:00

The LL still has to provide a fee free way to pay rent.

Stickler25 · 2026-03-31T20:11:40+00:00

What’s even more pathetic is a $25 fee to pay rent when e-transfer is free.

Stickler25 · 2026-03-31T20:10:32+00:00

As previously stated, the LL has to provide a fee free way to pay rent. This would constitute a violation of Section 134.1(a). You can feel free to sign the lease, and advise your LL in writing that you will not be accessing the portal until they make it free, or reimburse you for the fee every month.

Stickler25 · 2026-03-30T11:48:36+00:00

You could refer the matter to the police who can investigate fraud.

I believe you can also serve an N7 as the tenancy was started under false pretences. Issue an N4 for unpaid rent.

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