Proper Eviction Via N12 Process Notice

Question: What notice and compensation does a landlord need to provide in Ontario to evict a tenant for landlord or close family member personal use under an N12?

Answer: Ranger Paralegal Service can help a landlord (or a tenant) in Ontario understand the proper N12 process for taking back a rental unit for personal use by the landlord or a close family member.  For an N12 termination, the landlord must give at least 60 days’ written notice with the termination date falling at least 60 days after the notice is given, as required by Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2), and must also pay compensation equal to one month’s rent (or offer another acceptable rental unit in the complex if the tenant prefers) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If you want to reduce delays and avoid common LTB application problems, call (905) 240-7529 for guidance on completing the notice correctly and documenting the own-use plan.

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What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?

Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord

A landlord must issue a properly completed N12 Form to provide appropriate eviction notice to a tenant when the landlord wishes to take back a rental unit for the personal use of the landlord or for the personal use by close family member of the landlord.  The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust.  Landlords, by understanding the significance of the N12 notice, are thereby prepared to ensure that evictions are undertaken lawfully which safeguards the rights of the landlord while also respecting the needs of tenants.

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

Requirements

Proper Notice

As is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:

Compensation

In addition to the proper per of notice, as per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, compensation payable to the tenant in an amount equivalent to one (1) month of the usual rent or by the landlord; or, if the tenant prefers, the landlord may provide compensation by way of providing the tenant with occupancy of another rental unit within the rental complex.  Specifically, section 48.1 states:

Conclusion

To ensure against legal risks, among other issues, a landlord must provide the proper notice of eviction to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.