Proper Eviction Via N12 Process Notice

Question: What notice and compensation are required for an Ontario landlord to evict a tenant for own use using an N12?

Answer: In Ontario, when a landlord seeks to end a tenancy for the landlord’s own use (or for a close family member’s own use), they must serve a properly completed N12 to the tenant and include a termination date that is at least 60 days after the notice is given, as required by Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2).  The landlord must also pay compensation equal to one month’s rent (or offer another acceptable rental unit) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  For help confirming the N12 timing, documentation, and compensation steps, contact Denali Paralegal at (877) 414-4377 (family law services provider paralegal serving clients across Ontario, including Toronto and Peel Region).

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What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?

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.

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.