Eviction Via Form N12 Process:

Question: What should a landlord or family member in Ontario (through a Paralegal) understand about the N12 eviction good faith and one-year own use requirements before serving Form N12?

Answer: Freed Legal Services can help Ontario landlords and eligible family members understand the good faith and at-least-one-year residential occupation requirements under section 48 of the Residential Tenancies Act, 2006 when serving an N12 notice, so the eviction is handled correctly and reduces the risk of delays or disputes. You generally must ensure sincere intent to use the rental unit as a primary residence for at least one year, give at least 60 days’ notice on the required terms, and provide the tenant with the required one month of rent compensation paid when the tenant vacates and surrenders keys. If you want a clear, step-by-step review of your N12 plan and your next actions across Ontario, call (800) 716-1897 to book help with a Paralegal and protect your rights without guesswork.

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

In situations where a landlord wishes to evict a tenant for the purpose of taking the rental unit for use by the landlord, or certain close family members of the landlord, the initiation of an eviction process must be genuinely based on an intention for the landlord, or the close family member, to occupy the rental unit for one year as a minimum.  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.

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

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

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.