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It's Two Month Notice to End Tenancy. (+ Compensation etc, there's a long 3 paragraph on how it's done)
Why can't you just move in and then kick tenant out? Yes, technically you can.
It's called Landlord’s Use of Property.
1) A landlord can serve a tenant with a Two Month Notice to End Tenancy (PDF, 2.2MB) when the: Landlord plans, in good faith, to use the property
Landlord’s use of property applies when the landlord:
1) Moves in or has a close family member live in the rental unit
2) Sells the property and the new owner, or a close family member of the new owner, plans to live in the rental unit.
*they are VERY specific on what "close" is. Mom, dad and child of landlord or spouse's children. it's very black and white, brother and sister don't count. (more details on their website.)
We had a client who though they would outsmart the tenant.
The tenant did NOT move out after the notice. Owners were pissed. What they didn't know was the tenant kept all screen shots of the exact same posting of the unit on CL. They filed for dispute resolution and requested compensation.
a) When it comes to question, burden is on the landlord to establish intension.
b) Owners have to prove purpose that negates the honesty of intent or demonstrate they do not have an ulterior motive for ending the tenancy. (Try explaining to the officer your ad on CL).
Last edited by 6793026; 08-13-2015 at 10:21 PM.
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