Eviction based on landlord's need

Eviction based on need is available where the landlord requires the premises as a home or workplace for themselves, their spouse, descendants, ascendants or other dependants listed by statute. A new owner acquiring the property may also rely on this ground, subject to statutory notice and time conditions.

Success requires the need to be genuine, sincere and compelling; pretextual or temporary needs do not suffice. A landlord living in rented accommodation wishing to move into their own property, or a child about to open a business, are typical accepted examples. In fixed-term leases the action is filed at the end of the term within the statutory period.

After eviction, the landlord may not re-let the premises to anyone other than the former tenant for the statutory period without just cause; otherwise compensation in the amount fixed by statute is owed to the former tenant. This re-letting ban is the core mechanism securing the sincerity of the asserted need.