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.

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 is required to provide proper notice of eviction, via the N12 Form, when evicting for the purpose of reclaiming a rental unit for personal use, or the personal use of a 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.  With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.

Requirements

Proper Notice

As indicated per section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is required to provide at least sixty (60) days notice to the tenant whereas it is specifically stated:

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

A landlord, to ensure against problematic legal issues, must ensure that the proper notice is provided to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.