Restitution for illegal evictions

[LANDM]

The main question, and the first one, should be whether you were ever served valid legal notice for ending the tenancy.
It is not possible to tell from what you have said thus far.

[Farmmaa]

The main question, and the first one, should be whether you were ever served valid legal notice for ending the tenancy.
It is not possible to tell from what you have said thus far.

The first written notice was most definitely NOT valid, legal notice., as he clearly states he needs the house for his workers.

The second one would be valid - IF the landlord stated, in good faith, what the purpose of the eviction was.
I have two written statements that say he is lying. ( first workers, then brother )
Once they realized that the family member had to be the spouse, parent or child...and not a sibling...the story changed to his mother ( verbally, never in writing )
But, it can not truly be proven until I move out.
I know who he needs the house for. He knows who he needs the house for. If the gov't were to come out here right now - they would also know who he needs the house for.

Even if he tries to move the mother in temporarily for appearances, there's still the not so small problem of foreign workers being housed in illegal quarters.
That's really, really something he doesn't want the gov't to know.

I would feel bad for them, I did empathize with them, I still understand....but....they did this to themselves for no other reason than greed.
The tenants before me gave notice because they needed a larger house.
They simply had to NOT rent it out again and move their workers in at that time...but they chose instead to rent it to make money.

[LANDM]

If they served you with valid notice, then you must vacate at the end of the second month following the month notice was served. To not do that would simply then put you in the wrong.

They merely have to check the box that it is for personal use. They don't have to further explain. It is then up to you to prove otherwise after. I believe the mom, dad, or child must live there for six months.
If not, then go after them for the penalty. That is your right.
However, trying to take this further at this point, now that you have said it was valid notice, will only create hassles and tension in your life that nobody needs.
The other thing you can do is show them the actual text from the RTA that shows who qualifies as personal use and what the penalty is. Maybe you can get them to pay out the extra month now, in addition to the free month that is a statutory requirement. Just a way of negotiating something and making it go away and setttle your mind on it.

[Farmmaa]

If they served you with valid notice, then you must vacate at the end of the second month following the month notice was served. To not do that would simply then put you in the wrong.

They merely have to check the box that it is for personal use. They don't have to further explain. It is then up to you to prove otherwise after. I believe the mom, dad, or child must live there for six months.
If not, then go after them for the penalty. That is your right.
However, trying to take this further at this point, now that you have said it was valid notice, will only create hassles and tension in your life that nobody needs.
The other thing you can do is show them the actual text from the RTA that shows who qualifies as personal use and what the penalty is. Maybe you can get them to pay out the extra month now, in addition to the free month that is a statutory requirement. Just a way of negotiating something and making it go away and setttle your mind on it.

I am still here because they gave me time to find a place....and to prevent me from reporting them.
They gave me 'All the time I needed, even if that meant May or June'.
I paid my rent for March and that's when he came over and said that I had to move by April 1 at the latest.

I did not stay in order to spite them.

It would be valid notice IF they hadn't already given me notice three days prior and stated that they need the house for their workers - that in itself is plenty of cause to question his intent and good faith.
I knew he was lying , but trusted their word when they said I had time to find a new place.
I was trying NOT to have to report them because of what they stood to lose.

Was trusting them stupid ?
Absolutely.

I did show them the RTA text...I e-mailed it directly to them. That's when the story switched from brother to mother....once they realized that a sibling was still no more valid than workers.

I would still most definitely like to try to resolve this without taking them to arbitration....I still am not out for revenge and do not want them to lose their workers program.
I just want them to know they can't keep screwing people over and disregarding laws.

[LANDM]

If they served you with valid notice, then you must vacate at the end of the second month following the month notice was served. To not do that would simply then put you in the wrong.

They merely have to check the box that it is for personal use. They don't have to further explain. It is then up to you to prove otherwise after. I believe the mom, dad, or child must live there for six months.
If not, then go after them for the penalty. That is your right.
However, trying to take this further at this point, now that you have said it was valid notice, will only create hassles and tension in your life that nobody needs.
The other thing you can do is show them the actual text from the RTA that shows who qualifies as personal use and what the penalty is. Maybe you can get them to pay out the extra month now, in addition to the free month that is a statutory requirement. Just a way of negotiating something and making it go away and setttle your mind on it.

I am still here because they gave me time to find a place....and to prevent me from reporting them.
They gave me 'All the time I needed, even if that meant May or June'.
I paid my rent for March and that's when he came over and said that I had to move by April 1 at the latest.

I did not stay in order to spite them.

It would be valid notice IF they hadn't already given me notice three days prior and stated that they need the house for their workers - that in itself is plenty of cause to question his intent and good faith.
I knew he was lying , but trusted their word when they said I had time to find a new place.
I was trying NOT to have to report them because of what they stood to lose.

Was trusting them stupid ?
Absolutely.

I did show them the RTA text...I e-mailed it directly to them. That's when the story switched from brother to mother....once they realized that a sibling was still no more valid than workers.

I would still most definitely like to try to resolve this without taking them to arbitration....I still am not out for revenge and do not want them to lose their workers program.
I just want them to know they can't keep screwing people over and disregarding laws.

Ok, but what date is on the notice for you to be out? You said it was valid notice. There has to be a date on it to be valid.
If it has march 31st, then it is irrelevant what they said. That is why things are in writing.
If there is no date, it isn't valid.

[Farmmaa]

Ok, but what date is on the notice for you to be out? You said it was valid notice. There has to be a date on it to be valid.
If it has march 31st, then it is irrelevant what they said. That is why things are in writing.
If there is no date, it isn't valid.

The date is March 1.
They said to disregard the date. They disregarded the date.

I found the paragraph regarding this situation...and it sounds as though it is the last month free...plus two months if they did not state their intentions for the rental unit in good faith.

The third kind of eviction notice is a two-month eviction notice for landlord’s use of the premises. Your landlord can evict you if they need your premises for certain acceptable reasons. Usually this means that they intend to move themselves or a close family member into your residence, or they need you to move out in order to do renovations.
If your landlord issues a two-month eviction notice, then you get a free month’s worth of rent as compensation, either by not paying your last month’s of rent or by your landlord giving you a cheque at the end of the tenancy.

If your landlord evicts you with a two-month eviction notice and you later find out they did not follow through with the stated purpose of the eviction notice, then you can seek two months worth of rent as a penalty. This is an important provision that works to prevent landlords from falsely issuing two-month eviction notices.

[LANDM]

Ok....it is almost at the end of March...why do you think you have a valid eviction notice? Did they give it to you in December?

Nothing is making sense here. Not that it has to and I appreciate that you do not feel compelled to provide info that could identify yourself. But, when you ask questions in an open forum, there will be comments and questions coming back.

Yes, you get a free month for the 60 day landlord use of premises eviction.
The other part is the penalty if they are found to be in contravention of valid use of that clause.

[Farmmaa]

Ok....it is almost at the end of March...why do you think you have a valid eviction notice? Did they give it to you in December?

Nothing is making sense here. Not that it has to and I appreciate that you do not feel compelled to provide info that could identify yourself. But, when you ask questions in an open forum, there will be comments and questions coming back.

Yes, you get a free month for the 60 day landlord use of premises eviction.
The other part is the penalty if they are found to be in contravention of valid use of that clause.

The second notice, the one that states 'For landlords use of premises', was dated Dec 21....to be out March 1.

They came to my door a few days later - after I had informed them that the brother was also not a valid reason - and told me that they understood it was going to be hard to find another place, so to disregard the date and just find a place when I can. Exact words - Take as long as you need, even if that means May or June.

I don't know if their reason was because I knew they were lying and they wanted to make sure I did not report them...or if they realized it was a crappy move to pull a few days before Christmas and had a moment of guilt.
That's where it was left and I started to try to find somewhere to move to.
Then on March 2, he came to the door and said I had to be out by the end of this month so that his mother can move in.
he completely denied ever saying that I had more time.

It sounds confusing because it is.

[LANDM]

Ah ok. That clears things up substantially.
It is legally ambiguous as to your current status there since they accepted your march 1 rent payment. Definitely go see the RTO.
Nothing further can be interpreted at this point. Good luck!

[Jflem1983]

removed.

[Farmmaa]

Ah ok. That clears things up substantially.
It is legally ambiguous as to your current status there since they accepted your march 1 rent payment. Definitely go see the RTO.
Nothing further can be interpreted at this point. Good luck!

Thanks for your help LANDM

[Even Steven]

So...any update on the big case?