Eviction Via Form N12 Process:

Question: Can a landlord in Ontario use an N12 to evict a tenant for own use, and what requirements must be met?

Answer: Case in Point Paralegal Services can help you understand Ontario’s N12 “own use” eviction requirements so an owner or eligible family member truly intends to occupy the rental unit for at least one year, which is tied to the landlord’s good faith under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.  You generally need at least 60 days’ notice, the proper person must be listed as the occupant (landlord, spouse, child or parent, or a care provider in limited circumstances), the notice must be served correctly, and the landlord must pay one month of rent compensation to the tenant at the same time the unit is surrendered.  If you are dealing with an N12 notice, call (519) 318-7843 so a paralegal can review the specifics and help reduce delays or disputes at the Landlord and Tenant Board.

Add this website to Google Preferred Sources

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

Frequently, landlords wish to repossess a rental unit to enable occupancy by themselves, a close kin, or an expected purchaser. When this occurs, it is essential that landlords have a sincere intention that the replacement occupancy will persist for at least one year.  Under the law, there is a mandate that landlords must show genuine intent for the new occupant to live in the rental property for at least one year. This legal mandate is aimed at preventing landlords from expressing a wish to repossess the rental unit without an authentic plan to actually occupy the rental unit, which could be used as a strategy to evict the existing tenant in order to secure a new tenant ready to pay 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:

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.  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.