Can I fight the notice to move out?
Yes. The landlord or buyer cannot force you to move until they get an eviction order from the LTB. The LTB will hold a hearing to decide if they will give this eviction order. The landlord will have to prove all of the following:
- they followed all the right steps to evict you
- the person moving in honestly plans to live there
- the person moving in plans to live there for at least one year, if that person is the landlord, their family member, or a caregiver for the landlord or their family member
You can tell the LTB why you think you should not be evicted. For example, you might want to challenge the notice if:
- you do not believe the person is really going to move in
- the person moving in is not the landlord, buyer, an allowed family member, or a caregiver
- there are problems with the Form N12
- your landlord or buyer has given other Form N12 notices in the past and never moved in
- your personal situation makes it very difficult for you to move
This is not a complete list of the reasons you can use to challenge the notice. It is a good idea to get legal help if you plan to fight the eviction.
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