Yes No Share to Facebook
Eviction Via Form N12 Process: Good Faith Intention of at Least One Year of Occupancy
Question: What are the requirements for a landlord to properly initiate an N12 eviction in Ontario?
Answer: For a landlord to issue an N12 eviction notice under the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 48, they must provide at least 60 days' notice and demonstrate genuine intent for the new occupant to reside in the unit for a minimum of one year. Failure to comply with these requirements can lead to legal challenges, making it essential to get it right. Freed Legal Services LLP can assist you in navigating the nuances of this process to ensure compliance and protect your rights.
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. The law requires landlords to demonstrate a bona fide intention for the new occupant to remain within the rental unit for a minimum of one year. This obligation ensures that landlords refrain from claiming a desire to take back the rental unit without a true intention to reside in the rental unit whereas such might otherwise serve as a pretext for evicting the current tenant in favour of a new tenant willing to pay a higher rent.
The Law
A landlord holds a right, in certain circumstances, to terminate so to take over occupancy for the own use of the landlord per section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 whereas it is stated:
48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.
(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord’s notice.
(4) The date for termination specified in the tenant’s notice shall be at least 10 days after the date the tenant’s notice is given.
(5) This section does not authorize a landlord to give a notice of termination of a tenancy with respect to a rental unit unless,
(a) the rental unit is owned in whole or in part by an individual; and
(b) the landlord is an individual.
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.
Explore Further Related Information...
Here are links to four (4) other webpages:
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.
NOTE: A considerable quantity of online searches featuring “lawyers near me” or “best lawyer in” typically signifies a demand for prompt and competent legal assistance, rather than a specific job title. In Ontario, “licensed paralegals” are governed by the same Law Society that supervises lawyers and have the authority to represent clients in specific litigation cases. Key elements of this role include advocacy, legal analysis, and procedural expertise. Freed Legal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and persuasive advocacy aimed at securing effective and positive outcomes for clients.
