Eviction Via Form N12 Process:

Question: What requirements must a landlord follow for an N12 eviction in Ontario when the landlord or family member needs the unit for own use?

Answer: Paladin LLP can help you understand Ontario’s N12 own-use requirements, including the landlord’s genuine good faith intent to occupy the rental unit for at least one year, who may qualify as the occupant (landlord, spouse, child or parent, or a caregiver-related occupant), and the procedural basics like giving at least 60 days’ written notice and paying one month’s rent compensation to the tenant.   Under the Residential Tenancies Act, 2006, this own-use termination right is set out in Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48, and failing to follow the notice, timing, ownership, and compensation rules can cause delays and legal problems.   For paralegal support with an Ontario N12 notice or responding to one, call (289) 925-1572 to get started.

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

It is common for a landlord to want to repossess a rental unit for the purpose of replacing the tenant occupancy with occupancy by the landlord, a close family member of the landlord, or for the occupancy by a forthcoming purchaser of the premises and when such circumstances arise, the landlord must truly hold an intention that the substitute occupancy will last for at least one year.  This good faith requirement ensures that a landlord is precluded from using the N12 eviction for own use process under a false pretense such as the bad faith intent of causing a tenant to vacate so that a higher rent may be charged to a subsequent tenant.

Note: Please contact Paladin LLP by phone at: (289) 925-1572 to discuss any specific questions that you may have.

The Law

A landlord may, subject to compliance with section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, including prescribed notice requirements, among other things, terminate a tenancy so to take over a rental unit for the purpose of occupancy for the own use of the landlord or certain family members of the landlord whereas the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, states:

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.  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.