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 sometimes occurs, and quite common recently that a landlord desires the take back a rental unit to allow either the landlord, a close family member of the landlord, or an buyer who will soon acquire the property, to move into the rental unit. When such a situation arises, the landlord must truly believe and expect that the occupant that is replacing the tenant will reside within the rental unit for one year or more.  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 Paladin LLP by phone at: (289) 925-1572 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

A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants.  To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.

Conclusion

When a landlord wishes to occupy a rental unit for residential purposes of the landlord, or certain family members of the landlord, the landlord may issue, and serve, a Form N12 upon the tenant as the formal notice to evict for the own use by the landlord.  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.