Proper Eviction Via N12 Process Notice

Question: What are the legal requirements in Ontario for an N12 eviction when a landlord wants personal use of the rental unit?

Answer: In Ontario, a landlord who wants to end a tenancy for own use (or for a close family member’s own use) must use a proper N12 form and give the tenant at least 60 days’ notice with a termination date that aligns with the tenancy end date under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2).  The landlord must also provide compensation equal to one month’s rent (or offer another rental unit acceptable to the tenant) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If the N12 process or notice details are handled incorrectly, the eviction can be delayed or challenged, so paralegal help can reduce risk and help ensure the paperwork matches the statutory requirements for a lawful own-use termination.  Freed Legal Services can help you understand your options and next steps, call (800) 716-1897 today to discuss your situation.

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What Must a Landlord Do When Wanting to Evict a Tenant So to Reclaim a Rental Unit for the Own Use of 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.  The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust.  Landlords, by understanding the significance of the N12 notice, are thereby prepared to ensure that evictions are undertaken lawfully which safeguards the rights of the landlord while also respecting the needs of tenants.

Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.

Requirements

Proper Notice

As is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:

Compensation

In addition to the proper per of notice, as per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, compensation payable to the tenant in an amount equivalent to one (1) month of the usual rent or by the landlord; or, if the tenant prefers, the landlord may provide compensation by way of providing the tenant with occupancy of another rental unit within the rental complex.  Specifically, section 48.1 states:

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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.