My unit needs work due to structural issues and damage by the tenant, and I told my tenant through email 2 months ago that I need them to vacate the unit. After the repairs I would have to raise the rent to cover the costs. Do I have to take them back?
The first thing worth mentioning is that giving a notice to a tenant by email is not a valid notice to terminate a tenancy. There are different legal notices of termination that must be used depending on the reason for termination. In order to evict a tenant based on major renovations, the first condition is that the renovations must be extensive enough to require a building permit. When this is the case, the landlord must provide the tenant with proper notice which is a Form N13. The notice period is 120 days after the notice is given, and must be the day the rental period ends or the end of the term if there is a fixed term. The other condition is that when the tenant is served with this notice, the tenant has the right to return to the unit once the work is completed provided he/she advised the landlord in writing of his/her intention to return to the unit. Once the tenant returns then the landlord will have to apply to the Landlord and Tenant Board for approval to increase the rent based on the capital expenditures. You can obtain more information and download the forms from the Board’s website at www.ltb.gov.on.ca.
An occupied rental unit requires a major repair that will take 7 days to complete. The tenant cannot occupy the unit while the work is underway, what are my responsibilities?
This is a situation where the Residential Tenancies Act does not set out any clear guidelines or provisions as to how to deal with the tenant and getting work done in the unit. It is usually up to both parties to try and work out an arrangement where the tenant may have to move out temporarily while the work is being done in which case you would provide a rent rebate or offer to pay for the temporary accommodations. Whatever arrangement you both agree on make sure to put it in writing to avoid any misunderstandings.