Proving a Bad Faith OMI

Landlords must initiate an OMI eviction in good faith. When a landlord evicts a tenant in bad-faith tenants can take legal action to seek compensation. Proving that you were subjected to a bad-faith OMI eviction is difficult, but it can be done with help from a skilled tenant attorney.

The Landlord’s Principal Place of Residency

For an owner move-in eviction to be legitimate, the owner must occupy the unit must as their principal place of residency for three years. This means the unit must become their primary home; they cannot justify an eviction by simply staying in the unit occasionally.

Factors for whether a home is your landlord’s principal residence include:

• Whether the property is listed as their home address on their driver’s license, vehicle registration, voter registration, and other important documents
• Utilities are set up and bills are in their name at the property
• Whether they moved their personal belongings into the unit
• Whether they file a home owner’s tax exemption for the unit or another property
• Where they spend the majority of their time

If your attorney can demonstrate that the unit is NOT the landlord’s principal residence, they can likely prove a bad faith OMI. 

Other evidence of bad faith may include, but is not limited to, any of the following:

• the landlord failed to file the eviction notice with the Rent Board
• the landlord or relative did not move into the unit within three months of recoveing possession and then occupy it as their principal residence for a minimum of 36 consecutive months,
• the landlord or relative lacks a legitimate reason for not moving into the unit within three months and/or then occupying said unit as their principal residence for a minimum of 36 consecutive months
• the landlord did not file a statement of occupancy with the Rent Board
•   the landlord rented the unit to a new tenant

Consult with an Experienced Wrongful Eviction Attorney Today

Wolford Wayne represents tenants who are wrongfully evicted, including those forced out due to a bad faith OMI. If you have received an OMI eviction notice, please contact us today to discuss your situation.