In Ontario’s increasingly competitive rental market, a surge in own-use evictions has sparked a tense battle between landlords and tenants. Reports indicate a staggering 85% rise in own-use eviction applications, highlighting a growing crisis as tenants fight to stay in their homes amid skyrocketing rents.
1.The Rising Tide of Evictions
Chris Kostav and Shari Keyes, tenants in a low-rise building in East York, Toronto, are at the center of this upheaval. Both are paying significantly below market rent and now face eviction notices from their landlord, Sofiene Bousselmi, who claims he needs to move family members into their units.
Kostav, a retired electrician who has lived in his studio for nearly 20 years, is skeptical of the landlord’s intentions. “I think the only reason he wants me to leave is so he can charge higher rent,” Kostav says. Keyes, 56, also doubts the landlord’s claims, fearing that giving up her apartment could lead to homelessness for her daughter and granddaughter, who would struggle to find affordable housing in Toronto.
2.Legal Battles and Rising Costs
The battle between Kostav, Keyes, and their landlord underscores a broader trend in Ontario. Data from the Landlord and Tenant Board reveal that own-use eviction applications, filed under N12 notices, have surged from 3,445 in 2020 to 6,376 in 2023. The number of T5 applications, used by tenants to dispute own-use claims, has quadrupled over the same period, indicating a growing resistance to evictions.
Keyes’ case, which recently saw the Landlord and Tenant Board rule in her favor, highlights the complex and emotionally draining process many tenants face. For Keyes and her family, the threat of eviction has meant living in uncertainty, with packed boxes ready in case they have to move.
Kostav, who pays just $600 per month for his rent-controlled studio, fears that the landlord’s real motivation is to increase the rent significantly. “Where am I going to live? Maybe I’ll end up homeless. I can’t afford higher rent on my pension,” says Kostav, who also lives amid packed boxes, bracing for the worst.
3.A Broader Crisis
The rise in own-use evictions reflects a broader housing crisis exacerbated by escalating rents. Nationally, rental prices have surged by 22% in two years, with one-bedroom apartments averaging $1,929. In such a tight market, landlords have a strong financial incentive to reclaim units and charge higher rents, particularly as vacancy decontrol allows them to set new rent levels once a unit is empty.
Karly Wilson, a housing lawyer at Don Valley Community Legal Services, notes that the own-use eviction process has become a common strategy for landlords seeking to increase rental income. “People are clinging to their homes with their fingernails,” Wilson says. “They’re desperately clawing to stay in their apartment, even if that apartment is terrible.”
4.Balancing Act
While some landlords argue that rising mortgage rates and increased property costs force them to reclaim properties, tenant advocates stress that the current system disproportionately benefits landlords. Rose Marie, vice-chair of the Small Ownership Landlords of Ontario (SOLO), argues that rising costs are driving some landlords to move back into their properties or sell them.
Yet, despite the growing number of N12 applications, Wilson believes many tenants simply move on without a fight. The ease of filing an N12 notice and the challenge of proving bad faith make it difficult for many tenants to contest evictions effectively.
5.Ongoing Struggles
For tenants like Keyes and Kostav, the fight against eviction is not just a legal battle but a deeply personal struggle. Keyes describes the experience as “heartbreaking, stressful, and terrifying,” while Kostav remains anxious about his future. Although Keyes’ recent victory allows her to stay for now, the uncertainty and high rents continue to weigh heavily on her and her family.
As Ontario navigates this complex and growing issue, the plight of tenants facing own-use evictions highlights the urgent need for reform and more robust protections in the rental market. Until then, many will continue to grapple with the harsh realities of a competitive and unforgiving housing landscape.
