N12 Bad Faith Applications

Dealing With N12 Bad Faith Applications

An N12 application is a notice issued by a landlord to terminate a tenancy, often based on the claim that they or a close family member requires the rental unit for personal use. However, in some cases, landlords may use the N12 form in bad faith, meaning the notice is issued with dishonest or improper intentions. If you believe that your landlord is abusing the N12 process, understanding how to respond and protect your rights is crucial.

What is an N12 Bad Faith Application?

An N12 application is typically used by landlords to end a lease agreement if they or a close family member intends to move into the rental unit. While the process is legal, some landlords may issue an N12 notice without any intention to follow through on the claim. If the landlord’s true intention is to evict a tenant for reasons unrelated to personal use of the unit, this can be considered bad faith.

Signs of a Bad Faith N12 Application

Certain circumstances can indicate that an N12 application is made in bad faith, such as:

• No Actual Need for the Unit: The landlord does not move into the unit themselves, nor does their close family member.
• Inconsistent Statements: The landlord gives conflicting reasons for needing the unit, or their actions do not match their stated intentions.
• Rent Increase After Eviction: The landlord quickly re-rents the unit to someone else at a higher rate or to a new tenant without ever occupying the unit themselves.
• Timing of the Application: The N12 notice may be issued shortly after the tenant complains about issues, such as repairs or maintenance problems, or the tenant requests a rent reduction.

If you suspect that an N12 application is made in bad faith, you may challenge it at the Landlord and Tenant Board (LTB).

Responding to an N12 Bad Faith Application

1. File a Complaint with the LTB: If you believe the N12 application is made in bad faith, you can challenge it by filing a complaint with the LTB. The Board will review the application and any evidence you provide.
2. Gather Evidence: To support your claim, gather all relevant documentation, including emails, letters, or conversations with the landlord that demonstrate bad faith or dishonest intentions.
3. Provide Testimony: If the case goes to a hearing, you may need to testify about the situation, presenting your case to show that the landlord did not intend to use the unit as they claimed.
4. Consider Legal Assistance: While paralegals cannot represent clients in court, they can help with preparing documents, providing guidance, and advising you on the strength of your case.

Consequences for Landlords Issuing Bad Faith N12 Applications

Landlords found to have issued a bad faith N12 application may face penalties. If the Landlord and Tenant Board determines that the application was made in bad faith, they can order the landlord to compensate the tenant for relocation costs, lost rent, or other damages.

How Paralegals Can Help With N12 Bad Faith Applications

While paralegals cannot represent clients in hearings, they are instrumental in assisting with documentation and advice. They can help tenants navigate the process of challenging an N12 bad faith application by:

• Reviewing the facts and evidence related to the application.
• Helping tenants understand their rights and potential courses of action.
• Preparing and filing the necessary paperwork with the LTB.
• Offering guidance on how to present evidence and testimony during a hearing.

Need Help With an N12 Bad Faith Application?

If you are facing an N12 bad faith application, it’s essential to take action quickly. Contact us to learn how we can assist you in challenging an unjust eviction and protecting your rights.