Question:
The Tenant pays rent to a corporation the registered owner of a house.
Can the person who bought the house under the name of the corporation give the tenant notice with the intention of taking over the house for their own personal use at the expiration of the term of the tenancy?
Answer:
This matter was decided by the Ontario Court of Appeal several years ago. It has always been controversial.
Termination by a corporation is to be decided on a case by case basis.
A personal, closely held, one shareholder or family corporation gets a “by” on this. An ordinary investment corporation would not.
The Court of Appeal in Slapsys (1406393 Ontario Inc.) and Abrams (2010) decided that a Landlord purporting to terminate the tenancy and who was the sole shareholder of the corporation which owned the property, was entitled to recover possession for personal use.
Prior to this case, corporate owners did not have the rights to personal use.
In YCC 639 and Lee (Divisional Court 2013), the Court permitted a condominium to evict upon expiration of the lease so it could reoccupy the unit for its own use by providing it to its superintendent.
Basically, the Courts have been fairly generous on this point and the Landlord and Tenant Board now follows suit.
NOTE: The law was updated. The Act now prevents (in most cases) corporations from terminating tenancies for their “own” use.
Have a look at 1002010 Ontario Ltd. v Farkas, 2024 ONLTB 63986 (CanLII)
Brian Madigan LL.B., Broker
Comments 17
Brian, is this still good law? I am a Law PC and want to ask a tenant to leave so my son can move in. The current tenants are month to month. The Act simply says a corp can’t evict.
Thanks
Paul
Author
It depends whether there is an “investment” corporation or a “personal” corporation. Who are the owners? Is the property being held in trust for the owner shareholder? If that were thye case, then it would appear the the Ontario Court of Appeal Case still prevails.
Certainly, any investment property would not have any family or relatives.
Hi! We own a corporation that holds two properties. One property has 4 units and the other 5 units. In the 4 unit property, we’ve had a long term tenant who has been renting month to month. Our son is graduating this summer and wants to move into that unit. This property is out of town. Can we evict the tenant with an N12-owners use, even though it’s in a company name. The only shareholders are my husband and I. Thanks!
Author
The answer, of course, depends upon whether or not you fall within the exemption.
You may require a lawyer to assist you with this matter before the LTB.
There are also many Paralegals who could help.
If you don’t know anyone, then send me an email and I will give you some names.
Corporate landlords and shareholders of a corporation
On September 1, 2017 the RTA was amended to provide that section 48 only applies to rental units that are owned in whole or in part by landlords who are individuals. A corporate landlord cannot serve a notice under section 48 or obtain an eviction order under this section. Earlier decisions permitting some corporations to serve this type of notice are no longer valid.
Do you have any updated tribunals of sole owner corporations who have been able to evict past 2017 for personal use?
Author
This article pre-dated the changes to the RTA in 2017.
Hi Brian,
Could you provide more detail on this? I am the sole owner of a corporation and have a LTB tribunal hearing but looking to get some information on the “exception rule”. No lawyer or paralegal and I have called many are willing to help as they just see corporation and say its a lost cause.
Author
This article was written BEFORE the law changed.
Have a look at the up to date changes in the RTA.
Hi,
My wife and I bought a triplex in 2008. My wife and I occupy the ground floor as our only residence. We have two tenants upstairs. Part of our family planning was to buy the property in the name of a family trust. About 8 years ago the law changed and the family trust now only owns the two apartments.
My wife and I and our eldest daughter are the trustees. Our three daughters and five grandchildren are the beneficiaries.
My youngest daughter and her family want to occupy one of the units. I gave an n12 notice to my tenant. My tenant refuses to move. We have asked for a hearing at the landlord tenant tribunal. What are our chances of success in evicting this person?
Author
Thank you for your inquiry. It would be best if yow were represented by a lawyer or paralegal before the LTB.
If you don’t know anyone, then send me a note and I will provide you with some names..
Fyi LTB are dismissing all n12’s where owner is a corporation under Rta sec 48 sub 5. amended 2017.
even part owner part corporations are being dismissed under same section amended.
recent as today under adjudicator Shemtov where corporation is owned by single individual wanting unit for own use
Author
Yes, that entire matter has been updated.
With such an exhaustive list of outrageous and landlord unfriendly tenancy laws not seen anywhere (not even in Russia) combined with a 66% inclusion rate, why anyone would invest in existing builds or especially new builds in Ontario is beyond me. The province of Ontario seems to want a housing shortage for a very very long time.
Author
Ontario has laws that run against ownership.
Is YCC 639 and Lee (Divisional Court 2013) still valid for a condominium corporation (60 owners) to evict a tenant now renting the superintendent unit, and bring back a superintendent to occupy the common element apartment for the building? Or is there another method?
Author
Not anymore
My name is Michaela Lempp and I am a 75 Years old retire and a widower. My late husband and myself bought a condo Unit at 33 University Avenue on our litle consulting firm that we have had . With my husband passing the company does not produce anything but is still active.
The condo is rented to two doctors who came from USA from Indian origin. They said it will stay for a year and have a Lease for a Year 2020 -2021. After 2021 they refuse a new contract and ever since they are on a month-to-month basis.
Last year I made a Notice of Eviction with LTB because at my age and after two falls i want to move to the Unit. I live in a house with lots of stairs.
The application was rejected for the reason discussed; The Condo is on the company name.
Now I want to transfer the Unit from the company name to my son or myself name first because after my husband death I add my sone as co-owner.
I need advice as to whom should I transferred the Unit to me or to him É
I preferred to do it to him because of my age.
Do I have to pay land transfer and capital gain taxes É
Kindly advise