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

In situations where a landlord wishes to evict a tenant for the purpose of taking the rental unit for use by the landlord, or certain close family members of the landlord, the initiation of an eviction process must be genuinely based on an intention for the landlord, or the close family member, to occupy the rental unit for one year as a minimum.  Legally, landlords are bound to act with sincerity with a genuine intention that the substitute occupancy, whether by the landlord, by a close family member of the landlord, or by a purchaser of the property, will occur for at least one one year. This legal stipulation ensures that landlords refrain from falsely declaring a need to reclaim the rental unit and potentially using such as falsity as a means to remove existing tenant and to obtain substitute tenant at an increased 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

Failure to follow the proper N12 eviction process can lead to legal issues, delays, and strife.  The N12 process should be shown great care with adherence to the applicable requirements such as proper notice, mandatory compensation, good faith intentions, among other issues.

Conclusion

A landlord wishing to occupy a rental unit for the personal residential purposes of the landlord, or certain family members of the landlord, may issue and serve a Form N12 upon the tenant as the proper legal notice of eviction.  The Form N12 must provide at least sixty (60) days notice to vacate the rental unit.  Additionally, the landlord must provide the tenant with compensation equal to one (1) month of rent.  It is prudent that the landlord will provide the compensation when the tenant vacates and provides keys to the landlord.