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 an N12 eviction notice in Ontario?
Answer: An N12 eviction notice requires landlords to demonstrate genuine intent to occupy the rental unit for at least one year, as outlined in section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. This process involves providing a minimum of 60 days' notice to the tenant and compensation equivalent to one month’s rent. To effectively navigate the complexities of the N12 eviction process, consider reaching out to Case in Point Paralegal Services Professional Corporation for guidance tailored to your specific situation.
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 imposes the mandate of a good faith intention that the replacing occupant will stay within the rental premises of at least one-year so to ensure that a landlord refrains from stating a desire to take back the rental unit without a genuine intention to occupy the rental unit; and perhaps does so merely as a guise to evicting the tenant so to replace the tenant with a fresh tenant that is willing to pay a higher rent.
The Law
A landlord may, subject to compliance with section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, including prescribed notice requirements, among other things, terminate a tenancy so to take over a rental unit for the purpose of occupancy for the own use of the landlord or certain family members of the landlord whereas the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, states:
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
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.
Explore Eviction Via Form N12 Process Further...
Here are links to four (4) other webpages:
Conclusion
A landlord wishing to occupy a rental unit for the personal residential purposes of the landlord, or certain family members of the landlord, may issue and serve a Form N12 upon the tenant as the proper legal notice of eviction. A proper Form N12 provides at least sixty (60) days notice to a tenant to vacate the rental unit. Along with the sixty (60) days notice, a landlord must also provide the tenant with monetary compensation in an amount equal to one (1) month of rent. The landlord should make payment of the compensation to the tenant at the same time that the tenant vacates the rental unit and surrenders the keys to the landlord.
NOTE: A considerable amount of online searches for “lawyers near me” or “best lawyer in” typically indicate an urgent need for capable legal support rather than seeking a particular title. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and have the authority to represent clients in specific litigation matters. Skills in advocacy, legal analysis, and procedure are fundamental to this role. Case in Point Paralegal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and effective advocacy aimed at securing efficient and advantageous outcomes for clients.