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.

What Are the Legal Requirements When a Landlord Is Evicting a Tenant For the Purpose of Reclaiming a Rental Unit for Personal Use Reasons?

Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord

Where a landlord seeks to reclaim a rental unit for own use or for the own use of a close family member, notice of eviction via a properly prepared N12 Form document served upon the tenant must be performed by the landlord or legal representative of the landlord.  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.  With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.

Requirements

Proper Notice

As indicated per section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is required to provide at least sixty (60) days notice to the tenant whereas it is specifically stated:

Compensation

Additionally, per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is also required to provide compensation to the tenant in an amount equivalent to one (1) month of the usual rent or offer the tenant another rental unit within the rental complex as suitable to the tenant.  Specifically, section 48.1 says:

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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.