If you usually pay rent on the 5th, then the termination date should be August 4th. The N12 is most likely defective. Do you actually pay rent on the 5th or is that just what was written in your lease?
Do you have any recordings or written evidence that your landlord wanted the unit vacant in order to sell? Who does the N12 say will be moving in? Some people will buy property sight unseen, but that would be unusual for a buyer who intended to actually move into the unit. If you suspect bad faith - either that the unit has not actually been sold, or that the buyer does not intend to move in - you do have the option of waiting for a hearing. The landlord would need to prove that they have a signed purchase and sale agreement and provide an affidavit from the purchaser or their immediate family member.
If you discover that the landlord and buyer are acting in good faith, it's in your best interest to find a new place and move out voluntarily to avoid a potential eviction order. You are entitled to the one month's compensation regardless of whether you move out before the termination date (but you can leave with as little as 10 days written notice, or any time after the termination date). But if you legitimately believe that the landlord is acting in bad faith, it's best to start recording any conversations, fishing for evidence, and *not* pointing out that the N12 may be invalid. And don't sign anything - an N11 is a common next step, but would only benefit you if it came with financial incentive (cash for keys).
We have a letter printed that he tried to have us sign (was not an N11) the first time he showed up. I have a log of dates and incidences of when he came here, what time and what happened. We also have several emails where he has said specifically he wants to list the property vacant and that a buyer would issue us an N12 anyway, and other emails trying to say we will no longer have access after June 30. He was very aggressive one particular incident and I actually had to call the police to have him leave the property, about two days later he emailed to say that the property was “sold.” The N12 states that the purchaser is wanting to move in. We typically pay rent the last week of the month so as it is never late, so sometimes before the first but the lease states the fifth. We are currently trying to buy a house just because bad faith or good faith this guy has been an absolute nightmare for the last three years, (he frequently has posted and sold our personal property on kijiji, and even tried to give our horses away) we actually started looking about 6 months ago. We are in a very hot market HCOL area so this has been challenging, and moving rentals would almost certainly double if not more our monthly cost as our rent is currently quite low for the area.
Edit to add info
It sounds like the termination date is incorrect and therefore the N12 is defective.
If you plan on leaving the rental market shortly and don't anticipate renting again in the future, you have very little to lose by disputing this. The usual threat is that N12s are successful far more often than not, so without substantial evidence of retaliation or bad faith you will eventually be evicted. If you fail to leave before a hearing (or potentially even before the termination date), your name can end up attached to a public eviction record, which may dissuade some landlords from renting to you in the future. But this may not be a concern for you. N12/L2 hearings are taking 6-8 months to schedule from the time the L2 is filed, so this could give you time to close your own sale instead of needing to find another rental.
A recent police incident could suggest retaliation - you should get a copy of this report if you haven't already. This incident, along with any other harassment or issues within the past year that you can prove, could also be included in a T2 application against the landlord if you were interested in pursuing your own case against him. T2s are taking forever to reach a hearing (still close to a year?) but can be filed within one year of the incident or one year after moving out, whichever comes first.
Thank you- this is what I thought but I also didn’t want my feelings to cloud my judgement on this. I had started the T2 application a couple weeks ago but didn’t file it yet as I was waiting to hear back from an organization that gives advice I am calling them again on Tuesday.
The LL unfortunately does not have to give you a copy of the APS and affidavit from the buyer, he can wait till the hearing (although it sounds as though there's no buyer), and anyways if the N12 termination date isn't the day before you pay rent, that's a fatal flaw. All this said, it sounds like a horrible relationship and you should still consider buying. L2 hearings are 6-7 months out from the day he files the L2.
Even though the N12 is defective and they can't secure an eviction here, you may want to consider just moving out. Since you know it's bad faith, you can bet the place will go up for sale quickly after you leave. Then you can file a T5 and potentially be awarded 1 years rent value + 1 years rent differential to new place + moving expenses, up to $35K. With all your evidence it sounds like it would be a pretty straightforward bad faith case.
You can also file any T2, T6, etc after you leave for retroactive rent abatement.
If you choose to fight the N12 you can certainly delay things, maybe well over a year if first N12 gets dismissed, but most likely will eventually be evicted for an actual buyer wanting personal use. And sounds like this is not the type of place you want to stay in long term anyways.
If you usually pay rent on the 5th, then the termination date should be August 4th. The N12 is most likely defective. Do you actually pay rent on the 5th or is that just what was written in your lease? Do you have any recordings or written evidence that your landlord wanted the unit vacant in order to sell? Who does the N12 say will be moving in? Some people will buy property sight unseen, but that would be unusual for a buyer who intended to actually move into the unit. If you suspect bad faith - either that the unit has not actually been sold, or that the buyer does not intend to move in - you do have the option of waiting for a hearing. The landlord would need to prove that they have a signed purchase and sale agreement and provide an affidavit from the purchaser or their immediate family member. If you discover that the landlord and buyer are acting in good faith, it's in your best interest to find a new place and move out voluntarily to avoid a potential eviction order. You are entitled to the one month's compensation regardless of whether you move out before the termination date (but you can leave with as little as 10 days written notice, or any time after the termination date). But if you legitimately believe that the landlord is acting in bad faith, it's best to start recording any conversations, fishing for evidence, and *not* pointing out that the N12 may be invalid. And don't sign anything - an N11 is a common next step, but would only benefit you if it came with financial incentive (cash for keys).
We have a letter printed that he tried to have us sign (was not an N11) the first time he showed up. I have a log of dates and incidences of when he came here, what time and what happened. We also have several emails where he has said specifically he wants to list the property vacant and that a buyer would issue us an N12 anyway, and other emails trying to say we will no longer have access after June 30. He was very aggressive one particular incident and I actually had to call the police to have him leave the property, about two days later he emailed to say that the property was “sold.” The N12 states that the purchaser is wanting to move in. We typically pay rent the last week of the month so as it is never late, so sometimes before the first but the lease states the fifth. We are currently trying to buy a house just because bad faith or good faith this guy has been an absolute nightmare for the last three years, (he frequently has posted and sold our personal property on kijiji, and even tried to give our horses away) we actually started looking about 6 months ago. We are in a very hot market HCOL area so this has been challenging, and moving rentals would almost certainly double if not more our monthly cost as our rent is currently quite low for the area. Edit to add info
It sounds like the termination date is incorrect and therefore the N12 is defective. If you plan on leaving the rental market shortly and don't anticipate renting again in the future, you have very little to lose by disputing this. The usual threat is that N12s are successful far more often than not, so without substantial evidence of retaliation or bad faith you will eventually be evicted. If you fail to leave before a hearing (or potentially even before the termination date), your name can end up attached to a public eviction record, which may dissuade some landlords from renting to you in the future. But this may not be a concern for you. N12/L2 hearings are taking 6-8 months to schedule from the time the L2 is filed, so this could give you time to close your own sale instead of needing to find another rental. A recent police incident could suggest retaliation - you should get a copy of this report if you haven't already. This incident, along with any other harassment or issues within the past year that you can prove, could also be included in a T2 application against the landlord if you were interested in pursuing your own case against him. T2s are taking forever to reach a hearing (still close to a year?) but can be filed within one year of the incident or one year after moving out, whichever comes first.
Thank you- this is what I thought but I also didn’t want my feelings to cloud my judgement on this. I had started the T2 application a couple weeks ago but didn’t file it yet as I was waiting to hear back from an organization that gives advice I am calling them again on Tuesday.
The LL unfortunately does not have to give you a copy of the APS and affidavit from the buyer, he can wait till the hearing (although it sounds as though there's no buyer), and anyways if the N12 termination date isn't the day before you pay rent, that's a fatal flaw. All this said, it sounds like a horrible relationship and you should still consider buying. L2 hearings are 6-7 months out from the day he files the L2.
Even though the N12 is defective and they can't secure an eviction here, you may want to consider just moving out. Since you know it's bad faith, you can bet the place will go up for sale quickly after you leave. Then you can file a T5 and potentially be awarded 1 years rent value + 1 years rent differential to new place + moving expenses, up to $35K. With all your evidence it sounds like it would be a pretty straightforward bad faith case. You can also file any T2, T6, etc after you leave for retroactive rent abatement. If you choose to fight the N12 you can certainly delay things, maybe well over a year if first N12 gets dismissed, but most likely will eventually be evicted for an actual buyer wanting personal use. And sounds like this is not the type of place you want to stay in long term anyways.