Eviction Via Form N12 Process:

Question: What requirements must an Ontario landlord meet when issuing an N12 notice for own use for at least one year?

Answer: Ranger Paralegal Service can help you understand the requirements and reduce delays after an N12 (own use) eviction request in Ontario. Under the Residential Tenancies Act, 2006, a landlord can terminate a tenancy for residential occupation for at least one year only if they are an individual and the rental unit is owned in whole or in part by an individual, and the landlord (or a qualifying family member like a spouse, child, or parent) truly needs to move in for at least one year.   The N12 notice must provide at least 60 days’ notice, and the tenant must be paid one month’s rent as compensation, typically at the same time the tenant vacates and surrenders the keys.   The landlord must also act in good faith, meaning the plan for the new occupant to live there must be real, not a strategy to regain possession for higher rent.   If you want to confirm your situation or avoid a flawed notice that could lead to Landlord and Tenant Board challenges, call (905) 240-7529 for assistance from a paralegal serving clients across Ontario.

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Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member

Landlords often seek to reclaim a rental unit to replace tenant occupancy with an occupancy by the landlord, a close relative of the landlord, or a buyer of the property. In such cases, the landlord must genuinely intend for the new occupancy to continue for at least one year.  The law imposes the mandate of a good faith intention that the replacing occupant will stay within the rental premises of at least one-year so to ensure that a landlord refrains from stating a desire to take back the rental unit without a genuine intention to occupy the rental unit; and perhaps does so merely as a guise to evicting the tenant so to replace the tenant with a fresh tenant that is willing to pay a higher rent.

Note: Please contact Ranger Paralegal Service by phone at: (905) 240-7529 to discuss any specific questions that you may have.

The Law

The right to terminate the tenancy, when in good faith, for own use purposes is provided within section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 wherein it is said:

Challenges

A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants.  To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.

Conclusion

When a landlord wishes to occupy a rental unit for residential purposes of the landlord, or certain family members of the landlord, the landlord may issue, and serve, a Form N12 upon the tenant as the formal notice to evict for the own use by the landlord.  A proper Form N12 provides at least sixty (60) days notice to a tenant to vacate the rental unit.  Along with the sixty (60) days notice, a landlord must also provide the tenant with monetary compensation in an amount equal to one (1) month of rent. The landlord should make payment of the compensation to the tenant at the same time that the tenant vacates the rental unit and surrenders the keys to the landlord.