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 Is Required of a Landlord When Seeking to Evict a Tenant So to Take Back a Rental Unit for Personal Use By the Landlord?

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

When a landlord intends to reclaim a rental unit for personal use by the landlord or for personal use by a close family member of the landlord, an N12 form must be used as the means of providing proper notice of eviction to a tenant.  When a landlord seeks to take back the rental unit, adherence to the N12 process helps to prevent misunderstandings, disputes and misconceptions.  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.

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 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

Additionally, per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is also required to provide compensation to the tenant in an amount equivalent to one (1) month of the usual rent or offer the tenant another rental unit within the rental complex as suitable to the tenant.  Specifically, section 48.1 says:

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.