Eviction Via Form N12 Process:

Question: What must a landlord in Ontario include to issue an N12 eviction for own use (landlord or family member)?

Answer: Denali Paralegal can help you understand Ontario’s N12 requirements so your own-use eviction is properly supported and reduces delay and dispute risk, including giving at least 60 days’ notice and paying at least one month’s compensation, while ensuring the landlord truly intends the replacement occupancy for at least one year and that the notice is issued under the limited grounds set out in Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48 (and only where the landlord is an individual and the unit is owned by an individual in whole or in part).  If you need help reviewing your situation and next steps with a family law services provider paralegal in Ontario, call (877) 414-4377.

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.  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

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

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.

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.